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Exercise of parental rights after divorce system research

Author: CaoBaiLi
Tutor: HeJunPing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Parental rights Guardianship Custody Visitation Rights
CLC: D913.9
Type: Master's thesis
Year: 2006
Downloads: 562
Quote: 7
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Abstract


Divorce free couples are entitled to freedom of dissolution of marriage, it is the fundamental rights of the citizens enshrined in the constitution, is a fundamental principle of the Marriage Law, the legal marriage party autonomy respected. However, due to a divorce involves changes in the rights and obligations of the marriage between the parties and the interest of the children, the society will have an enormous impact, therefore divorce freedom is not absolute unlimited, must also measure the personal interests and the interests of others, personal interests and the relationship of the interests of the community. Minor children, the impact of parents' divorce is enormous and far-reaching provisions of the comprehensive system in order to make the children of divorced families from the harm caused by the divorce of their parents, the law must be the protection of their interests, exercise of parental rights after divorce The system precisely one of the most important issues. This paper compares the exercise of parental rights system in the world after divorce and analysis of the inadequacies of the existing system, based on a complete set of parental rights after divorce exercise regime recommended. Introduction, body, conclusion text is divided into three parts, in which the body include the following: The first part is the exercise of parental rights after divorce systems are outlined to clarify the content of the exercise of parental rights after divorce system, meaning, the basic principles, the theoretical basis. Parental rights is an abstract of the basic right to an identity, and that between parents and children the basic qualifications. The exercise of parental rights in divorce after the system first address the question of attribution of parental rights after her parents divorced, followed involving parental rights, the rights of custody, visitation rights, the disciplinary authority, the right to education supervision how to exercise. The exercise of parental rights after divorce follow the basic principles of the children's best interests principle, the principle of equality between men and women, the rights shall not abuse. The second part is based on the method of Comparative Law, common law, civil law countries (including regional) parental rights after divorce exercise regime carried out a comparative study. This paper focuses on the exercise of parental rights in Germany, France, the United Kingdom, the United States and China, Hong Kong, Macao and Taiwan regions after the divorce, the exercise of a critical analysis of trends, the rights and obligations of non-parental rights of children. The end of this article elaborated the absence of China's current legal system, and the point of the system perfect. The current system of chaos in specific provisions of the contradictions, the concept of mix and other ills. In view of this, we follow the Chinese scholar Yang Lixin insights based on parental rights after divorce as an abstraction of the basic right to an identity does not change, remain with both parents shared. Custody, visitation rights, the major affairs of the decision is a specific branch of the rights and obligations of parental rights, and its method of execution should be determined on the basis of the best interests of minor children. The perfect parental rights after divorce parental rights abuse of parental authority will bear the consequences of the Interests requirement together with recommendations.

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CLC: > Political, legal > Legal > UNIVERSITY > Marriage Law
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