March 2, 2021,The Supreme People’s Court issued 7 typical cases of judicial protection of bet365 bonus code indiana,The fifth case involves the custody of bet365 bonus code indiana。bet365 bonus code indiana are the future of the motherland and the hope of the nation,The cause of bet365 bonus code indiana has always been valued by the party and the country。Adhere to the priority development of children、Improving the level of care services for bet365 bonus code indiana is a basic requirement of the “14th Five-Year Plan”,The principle of the best interests of bet365 bonus code indiana is also a basic principle introduced in the Civil Code and the newly revised Law on the Protection of bet365 bonus code indiana。The introduction of this principle reflects important progress in the protection of bet365 bonus code indiana and marriage and family legislation in our country,But the judgment standards and specific implementation need to be improved。
A certain women’s federation sued bet365 bonus code indiana and JiangCustody dispute bet365 bonus code indiana
This case is a typical case about parents’ obligation to support minor children。Hu XX, born in 2003, is the illegitimate daughter of Hu and Jiang XX,Because Hu and Jiang terminated their relationship,Hu’s parents are responsible for raising and educating Hu,Hu and Jiang have not fulfilled their support obligations for a long time。2016,Diagnosed by hospital,Hu Moumou suffers from depression、Dissociative Conversion Disorder,Hu’s parents are old and sick,Unable to take care of Hu Moumou,Reported to the local village committee many times。The local Women’s Federation filed a lawsuit with the court after learning about the situation,Request to order Hu、Jiang Moumou fulfills his obligation to support Hu Moumou。The court comprehensively considered the economic conditions bet365 bonus code indiana two defendants、Marital status and Hu Moumou’s living habits and wishes,Judgment that Hu Moumou shall be directly raised by Hu Moumou,Jiang needs to pay 500 yuan in monthly alimony,Hu Moumou’s education expenses before living independently、Medical expenses shall be borne by both parties。
This case is a typical case of parents neglecting to fulfill their support obligations。Refer to the Supreme People’s Court、Supreme People’s Procuratorate、Ministry of Public Security、Opinions on Handling Guardians’ Infringement of the Legitimate Rights and Interests of bet365 bonus code indiana in accordance with the Law issued by the Ministry of Civil Affairs,In this case, the Women’s Federation directly filed the lawsuit on behalf of the minor as the plaintiff,Supervise parents of bet365 bonus code indiana to fulfill their parenting obligations,To solve the problem of parents not performing their guardianship duties。The phenomenon involved in this case occurs from time to time in practice,Although the parents of bet365 bonus code indiana have not directly violated the rights of bet365 bonus code indiana,However, failure to perform parenting responsibilities will result in bet365 bonus code indiana lacking adequate financial security、Emotional support and family education,Causing psychological imbalance in bet365 bonus code indiana、Disorderly behavior and even committing crimes。The representative significance of this typical case,On the one hand, it is reflected through the Women’s Federation、Minor protection organizations and other organizations directly act as plaintiffs to file lawsuits on behalf of bet365 bonus code indiana,Is an effective exploration to solve the problem of parents not fulfilling their parenting obligations;On the other hand,This case is to solve the practical problem of parents not performing their guardianship duties,Comprehensive consideration of various factors to make a decision on direct custody,And clearly regulate the other party’s obligation to pay child support,Thereby forming a judgment that is conducive to ensuring the healthy growth of bet365 bonus code indiana。
bet365 bonus code indiana in custody disputesIntroduction bet365 bonus code indiana principle of best interests
According to the provisions of Articles 1067 and 1068 of the Civil Code,Parents have support、Obligation to educate and protect minor children。Parents who fail to fulfill their parenting obligations,Minor children have the right to ask their parents to pay support。Article 1071 of the Civil Code,The biological father or mother who cannot directly raise a child born out of wedlock,Should bear the support of minor children。Article 15 of the "Law on the Protection of bet365 bonus code indiana" also clearly stipulates the support of bet365 bonus code indiana by parents、Duty to educate and protect。Therefore,The parents of the illegitimate children in this case failed to fulfill their parenting responsibilities,Violation of relevant norms of the Civil Code,Minor children have the right to receive support,And the responsibilities of parents of bet365 bonus code indiana should be clearly regulated through referees。At the same time,This case comprehensively considered the economic conditions of the two defendants、Marital status and the minor’s living habits and wishes,Judgment that he should be raised directly by his father,This custody decision reflects the consideration of the best interests of the minor。Except for cases of neglect in fulfilling support obligations,Divorce cases often involve issues of custody of minor children,This has drawn much attention to the issue of safeguarding the interests of bet365 bonus code indiana in custody disputes。After the implementation of the Civil Code and the newly revised Law on the Protection of bet365 bonus code indiana,The application of the principle of the best interests of bet365 bonus code indiana has become the basic principle that must be observed in the resolution of such disputes。
October 2020,The "Law on the Protection of bet365 bonus code indiana" has been revised for the second time。Article 4, paragraph 1, of the Law clearly stipulates the principle of the best interests of bet365 bonus code indiana: “Protecting bet365 bonus code indiana,The principle that is most beneficial to bet365 bonus code indiana should be adhered to。”At the same time,Article 4 adds “should be consistent with the special requirements for bet365 bonus code indiana、Three new requirements: "Prioritize protection", "Protect the privacy and personal information of bet365 bonus code indiana" and "Listen to the opinions of bet365 bonus code indiana",Together with "respecting the personal dignity of bet365 bonus code indiana", "adapting to the laws and characteristics of the healthy physical and mental development of bet365 bonus code indiana" and "combination of protection and education", they constitute the requirements that should be met when handling matters related to bet365 bonus code indiana。This principle forms an important part of the "four beams and eight pillars" of the protection of bet365 bonus code indiana,Reflects the basic concept of the top-level design of the bet365 bonus code indiana protection system。
The Civil Code also introduces the principle of the best interests of bet365 bonus code indiana in Article 1084 of custody rights after divorce。Article 1084: “After divorce,Children under two years old,On the principle of being raised directly by the mother。Children who are over two years old,Both parents cannot reach an agreement on custody issues,The People’s Court shall decide according to the specific circumstances of both parties,Judgment based on the principle that is most beneficial to minor children。Children over eight years old,His true wishes should be respected。”The introduction of the principle of the best interests of bet365 bonus code indiana in the Civil Code,Reflects the importance that my country’s marriage and family legislation attaches to the protection of the rights and interests of bet365 bonus code indiana。
bet365 bonus code indianaJudgment based on the principle of best bet365 bonus code indiana
The principle of the best interests of bet365 bonus code indiana is consistent with the principle of the best interests of the child stipulated in the Convention on the Rights of the Child。Article 3 of the Convention clearly states: “All actions concerning children,Whether it is provided by public or private social welfare institutions、Court、Execution by executive authority or legislative body,The best interests of the child should be the primary consideration。”On the one hand,This Convention gives the principle of the best interests of the child the effect of treaty law,Provides a certain reasonable explanation for resolving children's rights protection and related conflicts;On the other hand,This regulation establishes the concept that all actions involving children should be based on the best interests of the child as the primary principle,And declare it as a right of the child。The United Nations Committee on the Rights of the Child published General Comment No. 14 in May 2013,Stipulates the elements for judging the best interests of the child: first,Children’s opinions;Second,Child’s identity;Third,Maintain family environment and maintain relationships;Fourth,Care of children、Protection and Security;Fifth,Weak situation;Sixth,Children’s right to health;Seventh,Children’s right to education。In addition to enumerating the factors in the best interests of the child,The Committee on the Rights of the Child also pointed out the rules to be followed in the evaluation process,That is, the judgment of best interests should be an overall evaluation based on each factor weighed against other factors。
Article 4 of the "Law on the Protection of bet365 bonus code indiana" regulates the judgment standards that are most beneficial to bet365 bonus code indiana to a certain extent through 6 specific requirements,Especially the new method of listening to the opinions of bet365 bonus code indiana、Give bet365 bonus code indiana priority protection, etc.,Provides guidance for relevant agencies in handling cases involving bet365 bonus code indiana。Although this requirement can explain the judgment standard of the minor’s best interests to a certain extent,But there is a lack of more intrinsically connected and logical standard setting。Although the Civil Code introduces the principle of the best interests of bet365 bonus code indiana in Article 1088 and other provisions,But no detailed specifications were made。The "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1)" lists the specific rules for the judgment of child support issues,But there is no clear explanation of "most beneficial to bet365 bonus code indiana"。In the construction of specific judgment standards or elements of the principle of the best interests of bet365 bonus code indiana,The judgment standards of the "Law on the Protection of bet365 bonus code indiana" can provide some reference from the perspective of system interpretation。At the same time,On the one hand, our country’s previous family judicial practice can be used to treat “conducive to the physical and mental health of children,Extract the measurement elements of "protecting the legitimate rights and interests of children",On the other hand, the need for children needs to be strengthened、Safety and Opinion Concerns。
In support issues,The best interests of bet365 bonus code indiana may be judged by considering the needs of the child、Parent-child relationship and parenting ability、Detailed design of parenting arrangements、Five aspects of support from other family members and other influencing factors。One,Needs and wishes of bet365 bonus code indiana,Such as the environment and body needed for the growth of bet365 bonus code indiana、Emotional and educational needs,Opinions of bet365 bonus code indiana、Opinions and tendencies,Safety and well-being of bet365 bonus code indiana, etc.。Part 2,Parent-child relationship and parenting ability,This includes the physical and mental health of the parent、Parenting style and approach、Life experience、Raising experience, etc.。Part 3,Parties’ parenting arrangements and plans。Fourth,Support Power,Such as bet365 bonus code indiana and siblings、Relationship between grandparents or other persons。Fifth,Other influencing factors,RuCulture、Spiritual upbringing and other factors。Among them,The wishes or opinions of bet365 bonus code indiana are important factors in judging the best interests of bet365 bonus code indiana。Generally,The true wishes and opinions of bet365 bonus code indiana often reflect their interests and needs,Therefore, this factor becomes the direct factor or even the primary factor in judging the best interests of the child。At the same time,In the implementation of the Civil Code and deepening the reform of family trials,Procedural systems should be formulated to protect the expression of children’s opinions,And promote the development of the procedural agent or guardian ad litem system,Safeguard social worker、Involvement of professionals such as psychological counselors,To promote the effective application of the principle of the best interests of bet365 bonus code indiana。
(Author’s unit: Shandong Normal University bet365 bonus code indiana School)
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