| Strong in youth,strong in China.As the future socialist builders and successors,minors play an important strategic role in the development of a country.As a result of the specific status relationship between parents and children,maintenance fee has become a legal relief obligation of divorced parents,which is based on the premise that parents have the ability to support and aims to protect the normal life of minors.Due to the confusion of the calculation and determination standard of the maintenance fee,the lack of substantive review of the parents’ divorce agreement,and the lack of supervision and management procedures in the implementation and payment of the maintenance fee,the existing legislation leads to many difficulties,such as the low amount of the maintenance fee,the frequent disputes over the change of the maintenance fee,and the obvious differences in the discretionary results of the maintenance fee.In addition,the lack of legislation leads to the plaintiff’s difficulty in providing evidence on the income of the maintenance obligor in judicial practice,and the court’s discretion is widely used and unlimited.Serious damage to the legitimate rights and interests of minor children after divorce,damage to the national judicial authority.From the perspective of legislative perfection,it is urgent to fill in the legislative gap of the existing trial principle of alimony and reform the calculation method of alimony.Through the basic principle of maximizing the interests of minor children,we can determine the highest protection status of children in divorce disputes,break the autonomy of will in parents’ divorce agreement,refuse to recognize the clauses that damage the interests of minor children,and guide the exercise of discretion of judges.In addition,the principle of substantive review and the principle of minimum guarantee of child care fee are supplemented to give the divorce registration authority the right of substantive review of divorce agreement in the form of legislation,and to review,register and record the subject,amount and payment mode of child care fee.Divorce registration is not allowed for divorce agreements that do not meet the actual economic conditions of both parents and the needs of protecting the interests of minor children.It is not necessary to lower the economic conditions for children’s growth because of the lack of proof and the parents’ affordability.Reform the original calculation method of maintenance,change the calculation method of maintenance based on "fixed income" and "no fixed income" into two situations: "proof can prove income" and "proof can not prove income",and require that the determination of maintenance should consider the age of minor children,and formulate a continuously changing payment mode of maintenance according to the different stages of minor children’s education.From the perspective of system innovation,in the process of payment and implementation of the maintenance fee,we should learn from the advanced legislation technology abroad.In the future reform,due to strengthening the role of marriage registration institutions,the Civil Affairs organs should establish the registration and filing system of divorce and maintenance fees,and give them the legal effect of confirmation and confrontation through registration and filing.Apply for compulsory enforcement directly with the contents of registration and determine the priority status of the maintenance fee.On the basis of registration and filing,the system foundation is established for the use and supervision of follow-up maintenance expenses.The information of bearing the support fee is bound with the personal social security account through registration,which can timely find out the income and location information of the dependant,and reduce the difficulty of implementation.Secondly,third party institutions can also be introduced to participate in the payment process of minor children’s support,and guarantee the payment of the support fee on time.The bank can be absorbed as an intermediary institution,and a special account can be set up to pay the support fee.The dependent can also ask the dependant to apply to the bank for part of the loan to pay part of the support fee on schedule with the guarantee of the divorced property;The trust institution can be absorbed.In case of one-time payment of the support fee,the trust shall be designed to manage the support fee by the trust professional institution and shall be handed over to the guardian of the children on time and on time.Third party withholding institutions can also be absorbed and the maintenance fee can be used as the same regular deduction items as individual tax and social security.For the difficult problems of the implementation of the maintenance fee,we can consider the payment order of the support as the pre-enforcement procedure,and hand over the fact clear divorce agreement and effective judgment to the court to make the payment order for the maintenance fee,issue it to the unit where the dependent obligor and the dependant are located,and ask the unit to pay the income after deducting the support fee. |
