A Study Of The Private International Law Regime Of Parental Responsibility ——The Hague Convention As An Example

The system of parental responsibility has evolved over a long period of time.The change from "child custody" to "parental responsibility" is not only a change in terminology,but also a profound change in the field of family law.With the introduction of the Convention on the Rights of the Child in 1989,the legislative concept of parent-child relationships has evolved from a ’parental’ to a ’child-based’ approach.The series of legislative changes made by countries under the impetus of the United Nations and the Hague Conference on Private International Law all reflect the fact that the basic purpose of legislation is no longer the traditional focus on parental authority and responsibility,but rather the recognition and respect for the protection of children’s rights and the practical implementation and application of the principle of the best interests of the child.This article takes the Hague series of child protection conventions as the starting point,and focuses on the legal issues underlying the parental responsibility system,the specific embodiment of the parental responsibility system in the Hague conventions,and the embodiment and inspiration of the improvement of the parental responsibility system in China’s legislation,with a view to sorting out and studying the parental responsibility system from the perspective of private international law,and promoting the improvement of the relevant content and thus safeguarding the best interests of children.The first chapter is devoted to clarifying the legal issues underlying the regime of parental responsibility.It begins with the definition of the meaning of the child,the essence of the parental responsibility regime is the protection of the rights of the child,and therefore the definition of the meaning of the child is followed by a classification of the types of rights of the child;secondly,a legal definition of parental responsibility is provided,which mainly includes a definition of the meaning and an elaboration of its meaning in the light of the principle of the best interests of the child,and a historical overview of the parental responsibility regime;finally,a comparative cross-sectional study of the international legal documents that provide for the parental responsibility regime is conducted.Finally,a comparative cross-sectional study of the international legal instruments regulating parental responsibility is conducted,showing the leading international legislative claims on parental responsibility through the international treaties and model laws on parentage of global and regional international organizations.The second chapter describes the practical aspects of parental responsibility in the Hague Conventions on the protection of children.Based on the common features of the Hague Conventions on the protection of children,the system of parental responsibility is described in terms of four aspects: jurisdiction,application of the law,effectiveness of recognition and cooperation in the administration of justice,thus ensuring that the rights of the child are systematically enforced.The third chapter analyzes analyzes the shortcomings of the parental responsibility system in the Hague Convention.It first analyzes the common problems encountered in parental responsibility in the Hague Convention,and then examines them from four perspectives: definition of connotation,conflict of jurisdiction,dilemma of application,and recognition effect,respectively.This is followed by an exploration of the individual normative problems that exist in specific Hague conventions,including the issue of nationality in inter-country adoption,the special legal application of inter-country adoption,and the issue of inter-country surrogate guardianship.The fourth chapter proposes improvement proposals for the problems of the Hague series of child protection conventions,and then considers the legislative implications of the parental responsibility system for China.Broadening the influence of the Convention,attaching importance to the construction of the compliance mechanism of the Convention,strengthening regional cooperation and drawing on the family law system of the European Union are the main aspects for improving the Convention.Although the parental responsibility system has been developed and reflected in China’s laws,China has not yet established a complete and independent legal system of parent-child relationship,the principle of the best interests of the child is not clear,and the integration with international treaties has not yet been formed,so there is still a need to further improve China’s legal system of parental responsibility.