监护权与子女最大利益

The Custodial Rights and the Best Interests of the Child

监护权的撤销、监护权的变更都将影响未成年子女的个人权益。非婚生子女的监护权问题更是一个突出的社会问题。因此,监护权的撤销、变更应综合地考虑多方面的因素,譬如物质生活与精神状况。目前,我国婚姻家庭立法对监护权撤销、非婚生子女监护等规定还远未完善,难以应对当前我国离婚率不断攀升的社会形势。因此,宜借鉴国外成功的立法经验,以积极的态度去完善子女监护的立法,最终确立监护领域的"子女最大利益"原则。

The avoidance and changes of custodial rights will influence the private advantages of the minor children. The prob- lem of illegitimate children＇s custodial rights is especially a prominent social problem. So the avoidance and changes of custodial rights shall he synthetically considered based on all kinds of factors, such as physical livings and mental status and so on. At present, marital legislation still exists in many imperfect places at the aspect of the avoidance and changes of custodial rights, the custody of illegitimate children. The current legislation is difficult to deal with the social problems that the rate of divorce is continuously increasing. For this reason, we take example by foreign successful legislation experiences, and actively perfect our legislation of child custody, and establish the principle of the best interest of child in the field of custodial legislation.