Research on the Application of the Principle of “Most Beneficial to Minor Children” in Dependency Disputes

DOI: https://doi.org/10.62517/jel.202414602

Author(s)

Xinyue Ke

Affiliation(s)

China Jiliang University Law School, Hangzhou, Zhejiang, China

Abstract

In recent years, the protection of minors rights and interests is becoming more and more important. Our country's Civil Code stipulates the "principle of the best interest of the minor child" in the clause on maintenance disputes (namely Article 1084). However, due to the varying considerations, the rigid application of the law, and the neglect of the wishes of the minor children, this principle has not been effectively implemented in judicial practice. This article introduces two typical cases, raises the aforementioned issues and provides a detailed analysis of the reasons, briefly conducting a legal analysis of this principle. It also categorically discusses the provisions of Article 1084 of the Civil Code of our country. Finally, based on the advanced experiences at home and abroad, this article analyzes how to coordinate the application of the "principle of the best interest of the minor child" in maintenance disputes, in order to safeguard the actual interests of the minor children.

Keywords

Support Dispute; The Most Favorable Principle for Minor Children; Protection of Rights and Interests

References

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