Research On The Protection Of Minors’ Rights And Interests In The Divorced Parent-child Relationship

The concept of freedom in modern marriage constantly impacts the stability of the marital relationship and family structure.The dissolution of the parents’ marital relationship will inevitably cause great harm to the material life and spiritual world of minor children.At the same time,as the domestic people’s awareness of the protection of children’s rights has increased,the Chinese government has also paid increasing attention to the protection of minors’ rights in divorced parent-child relationships.Therefore,at the moment when divorce cases continue to emerge and at the beginning of the implementation of the Civil Code of the People’s Republic of China,it is urgent to further strengthen the protection of minors’ rights in the divorced parent-child relationship and reduce the negative impact of divorce on children.This article mainly adopts the methods of data analysis,comparative research,case analysis,and value analysis.It conducts comparative research on the current legislative status and practical experience of domestic and foreign countries ahout the protection of minors’ rights and interests in divorced parent-child relationship.In addition.And it analyzes the existing problems in judicial practice,such as the difficulty in the implementation of support payments,the narrow subject of visitation rights and the difficulty in determining the ways to exercise,the lack of legal evidence for inter-generational visitation rights,and the lack of participation and expression of minor children.These issues have always attracted the attention and research of scholars in the legal field,but many measures have not been tested in practice and have not even been adopted at the legislative level.Despite this,we still need to continue to study them in depth.In view of the lack of protection of minors’ rights and interests in divorced parent-child relationshipin in China,this article first combines my country’s social status quo and foreign beneficial experience,and suggests that the principle of best interests should be adhered to when dealing with divorce disputes involving minors’ rights and interests.Second,dividing the age of the children and giving targeted protection to the rights and interests of different ages should be adopted.Again,it is proposed that the problem of difficult implementation of support payments should be resolved in stages and steps.At the current stage,the first step is to strengthen pre-guarantee measures,the second step is to improve the post-mortem supervision mechanism,and the third step is to incorporate the performance of maintenance obligors into the personal credit system,and impose penalties on those who fail to perform their obligations.Finally,from the perspective of the alteration and abolishment of the intergenerational visitation right in the process of the compilation of the Civil Code of the People’s Republic of China,the scope of the subject of visitation rights should be appropriately expanded in order to protect the best interests of minors.In addition,this article also proposes to set up "visitation supervisors" to supervise the exercise of visitation rights and appoint litigation representatives for children to guarantee their expressions of wishes,etc.It is hoped that the protection of minors’ rights and interests under the contemporary legal system can be satisfactorily resolved.