论儿童最大利益原则与离异子女权益保护制度的完善

Principle of Best Interests of Children and Perfection of System of Protecting Rights and Interests of Divorced Children

在我国离婚率高涨的今天,对离异子女权益的法律制度保障值得我们格外地关注。然而以"儿童最大利益原则"为视角,发现我国亲子关系中的现有法律制度对离异子女权益的保障仍存在诸多不足,其问题的关键在于亲子关系下的监护、探望及抚养等法律制度依旧带有父母本位立法的烙印,未将儿童视为拥有权利的个体。因此,我国有必要以"儿童最大利益原则"为指导,对亲子关系中现有的法律制度进行相应的修改和完善。

At present,our divorce rate is rising up,so the legal systematic protection of the rights and interests of the divorced children is worthy of particular concern. But under the priciple of best interests of chldren,we find that in our parent-child relationship,the present legal systematic protection of the rights and interests of the divorced children has many shortcomings. The key problem lies in that there is still some brand of parental legitation in monitoring,visits and support. The children have not been seen as the subjects with rights. Therefore,our present legal systems in the parent-child relationship need to be modified and perfectedon the basis of the principle of best interests of children.