March 2, 2021，The Supreme People's Court released 7 typical cases of judicial protection from minors，Among them, the 5th case involves the raising problem of minors。Minors are the future of the motherland and the hope of the nation，The cause of minors has been valued by the party and the country。Adhere to children's priority development、The basic requirements for improving the level of minor care service is the "Fourteenth Five -Year" plan，The principle of the maximum interests of minors is also the basic principle introduced by the Civil Code and the newly revised "Protection Law of the Minor"。The introduction of this principle reflects the important progress of my country's minor protection and marriage and family legislation，But the judgment standard and specific implementation are yet to be improved。

　Bet365 lotto review Cases of raising disputes

This case is a typical case of parents who should fulfill the obligations of the adult children's support。Hu Moumou, who was born in 2003, is a non -married daughter of Hu Mou and Jiang Moumou，Because Hu Mou and Jiang Moumou lifted a love relationship，Hu's parents are responsible for raising and educating Hu Moumou，Hu Mou and Jiang Moumou have not fulfilled the support obligations for a long time。2016，diagnosed by the hospital，Hu Moumou suffers from depression、separation conversion disorder，And Hu's parents are old and sick，Unable to take care of Hu Moumou，Reported to the local village committee many times。The Women's Federation of the Local Federation filed a lawsuit with the court after understanding the situation，Request to order Hu Mou、Jiang Moumou fulfilled his support obligations to Hu Moumou。The court considers the economic conditions of the two defendants、Marriage bet365 live casino games status and Hu Moumou's living habits and will，Judging that Hu Moumou was raised directly by Hu Mou，Jiang Moumou needs to pay 500 yuan per month for support，Education before the independent life of Hu、Medical expenses should be jointly borne by the two。

This case is a typical case of parents who cares about the support obligations。Refer to the Supreme People's Court、Supreme People's Procuratorate、Ministry of Public Security、The "Opinions on the Procedure to deal with the laws and interests of the guardian infringement of minors in accordance with the law"，This case shall file a lawsuit by the Women's Federation as the plaintiff as the plaintiff for minors，Urges the parents of minors to fulfill their support obligations，To solve the problem of not performing the duties of the parents。The phenomenon involved in this case occurs in practice，The parents of the minors have not directly infringed the rights and interests of minors，But the responsibility of being cared for support will lead to the lack of sufficient economic guarantee for minors、Emotional support and family education，Lead of psychological imbalances for minors、Disrestective behavior or even embark on the road of crime。The representative significance of this typical case，On the one hand, it is reflected in the Women's Federation Organization、Organizations such as the Protection Organization of Minors and other institutions directly as the plaintiff's mode of litigation for minors，It is an effective exploration that solves the problem of not fulfilling the obligation of support; on the other hand,，This case is a practical problem that solves parents who do not perform their supervision responsibilities，Comprehensive consideration of various factors to make a judgment of direct custody ownership，and clearly specify the obligations of the other party to pay for the support fees，This has formed a judgment that is conducive to ensuring the healthy growth of minors。

　Minors among the raising disputesIntroduction of the principle of the maximum interest

According to the provisions of Article 1067 and 1068 of the Civil Code，Parents have support、Education and Protection of Minor Children。Parents do not fulfill their support obligations，Minor children have the right to require parents to pay for the support。Article 1071 of the Civil Code，Father or biological mother who cannot directly raise non -married children，The support fee for minor children should be afforded。Article 15 of the Protection Law of the Minor also clearly stipulates that parents' support for minors、Education and protection obligations。So，Parents of non -marriage children in this case are neglected to fulfill their support for support，Violation of the relevant specifications of the Civil Code，Minor children have the right to obtain the support for support，and should be clearly regulated by the referee to specify the responsibility that the parents of the minor should bear。At the same time，This case comprehensively considers the economic conditions of the two defendants、Marriage status and the living habits and wishes of minors，The judgment is directly raised by the father's side，The judgment of the custody right reflects the measurement of the maximum interests of minors。Except for the performance of the support obligations，Divorce cases often involve the problem of custody of minor children，This makes the interests of minors in raising disputes attracted much attention。After the implementation of the "Civil Code" and the newly revised "Protection Law"，Application of the principle of the maximum interest principle of minors becomes the basic principles that must be complied with in the process of resolving such disputes。

October 2020，"Protection Law of the Minor" for a second revision。Article 4 (1) of the Law clearly stipulates the principle of minors' maximum interests: "Protecting minors，It should adhere to the principles that are most conducive bet365 best casino games to minors。"" at the same time，Article 4 adds "it should be conforming to the special to the minor、Priority Protection "" Protection of Privacy and Personal Information of Minors "," Listening to the Opinions of Minors "，"Respect the dignity of minors' personality", "the laws and characteristics of the healthy development of the physical and mental health of minors" and "combine protection and education" together constitute the requirements that should meet matters related to minors。This principle constitutes an important part of the "four beams and eight pillars" of the protection of minors，The basic concept of the top -level design of the minor protection system。

"Civil Code" also introduced the principle of minors' maximum interests in the provisions of Article 1084。Article 1084 stipulates: "After divorce，Children under two years old，The principle of raising directly by the mother。Children who are two years old，Both parents' agreement on raising problems，The people's courts according to the specific situation of the two parties，Judgment according to the principles that are most conducive to adult children。Children are at the age of eight years old，should respect its true will。"The introduction of the maximum interest principle of minors in the" Civil Code "，It reflects the importance of my country's marriage and family legislation on the protection of the rights and interests of minors。

MinorJudgment of the principle of the greatest interest

The principle of the maximum interests of minors is consistent with the principle。Article 3 of the Convention clearly stipulates: "All action about children，Whether it is by a public -private society welfare agency、Court、Executive authorities or legislators execute，Both children's maximum interests should be a primary consideration。""，The Convention gives children to the principle of maximum interests of children with the effectiveness of the treaty，It provides Bet365 lotto review a certain reasonable explanation for the protection of children's rights and related conflicts; on the other hand,，This provision establishes all the behaviors involved in children should be based on children's maximum interests as the primary principles，and announce it as a child's right to announce。The United Nations Children's Rights Committee announced May 14th in May 2013，Standards the judgment element of children's maximum interests: first，Children's Opinions; Second，Children's identity; third，Maintaining the relationship between the family environment and maintaining; fourth，Children's care、protection and safety; fifth，Disadvantage; Sixth，Children's right to health; seventh，Children's right to educate。Except for the judgment elements of the children's maximum interests，The Children's Rights Committee also pointed out the rules that should be followed during the judgment of the element，The judgment of the maximum interest should be the overall evaluation made after the balance of each element and other elements。

"Minor Protection Law" Article 4 The criteria for judging the principles of minors through 6 specific requirements to a certain extent，Especially newly listened to the opinions of minors、Gives priority protection for minors，Provides guidance for the cases involving minors involving minors。Although this requirement can explain the criteria of the maximum interests of minors to a certain extent，But lack of standard settings with more internal connection and logic。"Civil Code", although the principle of minors' maximum interests was introduced in Article 1088，But no refined specifications are made。The "Supreme People's Court's Explanation on the Application of the" People's Republic of China "marriage and family editor (1)" lists the specific rules of the judgment of children's support，but did not make a clear explanation of "the most conducive to minors"。In the construction bet365 Play online games of specific judgment standards or elements of minors' maximum interest principles，The judgment criteria of the "Protection Law of the Minor" can provide a certain reference from the perspective of the system interpretation。At the same time，On the one hand, you can "benefit children's physical and mental health，The measurement elements of the legitimate rights and interests of children "are extracted for extraction，On the other hand, we need to strengthen the demand for children、Follow of Safety and Opinions。

In the problem of raising，Judgment of the maximum interests of minors can consider children's needs、Parent -child relationship and parenting ability、The specific design of the support arrangement、Five aspects of support for other family members and other influencing factors。One，The needs and wishes of minors，The environment and body required for the growth of minors、Emotional and educational needs，Opinions of minors、perspective and tendency，The safety and well -being of minors。Its two，Parent -child relationship and parenting ability，This includes parents' physical and mental health、Education style and method、Life experience、Raising experience, etc.。Its three，Raising arrangements and plans of all parties。Four，Supporting forces，If minors and brothers and sisters、The relationship between grandparents or others。Five，Other influencing factors，Ru culture、Psychological education and other factors。Where，The wishes or opinions of minors are important factor to judge the maximum interests of minors。Under normal circumstances，The true wishes and views of minors often reflect their interests and needs，Therefore, this element becomes the direct elements of judging the maximum interests of children or even the first element。At the same time，During the implementation of and deepening the reform of family trials，It should formulate a procedure system related to the Bet365 app download expression of children's opinions，Promote the development of procedural agents or litigation guardians，Guarantee social workers、Participate in professionals such as psychological counselors，Effective application of the principle of promoting the principle of maximum interests of minors。

　(Author Unit: Law School of Shandong Normal University)