| Summary: | 碩士 === 南華大學 === 歐洲研究所 === 98 === These under-aged children are our country''s future hosts, our society''s future hope, and yet due to their immaturity, in a society with ever-changing social structures, these children are often neglected.
First of all, this paper starts with family oriented relationship in the Marriage between Relationships of Couple.The main point states on the most important family oriented relationship and the focus "kinsfolk", which means parents can exercise their responsibility since their position are parents, in the present generation law, are the main job to protect nonages children, not only the rights but also the duty, the previous points have divided into summarize, the construction of family oriented law, content of kinsfolk, the droit exercise and limit of kinsfolk, and the responses and droit exercise of kinsfolk during separation of couple and by using the response abeyance to have parents bear them.
The rights of children,my paper research goal is to discuss and evaluate, beginning from the development of Convention on the Rights of the Child, to the rights and interests that are supposed to be enjoyed by minors. In addition, this paper will discuss the mainstream and current legal perceptions behind the meaning of the "in the children''s best interest" principle.
"The best interests of the child" is the most important principle in family law area, in deciding child custody is the mainstream of the world. No matter in Germany , UK , in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration .But the best interests of the child is the indeterminate conception. How then do the courts determine what is the best interests of every child? The answer is by painstakingly assessing the individual circumstances of each and every case and the individual needs of each and every child.
This paper, Family Oriented Relationship after Husband and Wife''s Relationship Remove. The content of this chapter, the contain of kinsfolk''s droit after marriage remove, then the decision of kinsfolk''s droit exercise after marriage remove, and the determination of the nonage children''s guardians which is the problem basic structure of family interfere in kinsfolk''s droit, which is according to bear the droit exercise by nonages children then the country will step in by the basic of public right, which is to ensure the best profit of the nonages children whose parents can''t have their marriage relationship existence anymore.
However, with the formation of the concept of Global Village, the marital spouse is no longer confined to the same nationality. Therefore, transnational guardianship dispute arises frequently due to the differences of social customs among countries. This article five will clarify to two distinct concepts of guardianship and parental right.Supporting with the rule of "Convention of 25 October 1980 on the Civil Aspects of international Child Abduction Hague Convention on the Civil Aspects of Child Abduction."Advocating "the principle of best interests of the children" shall be the primary guideline to the decision of minor children''s guardianship.
As a country not considered as sovereignty independent internationally, we are almost unlikely to accede to the Convention. Under the existing framework of the Convention, it is not allowed to accede to the convention in the form of "organization" or "individual practice on the jurisdiction." The only possibility not to be isolated in the international development is through non-governmental organizations as observers applying to participate in the agenda of the Hague Conference on Private International Law. However, the possibility remained passive in the circumstances. Therefore, this paper suggested the positive approach at this stage, should be through domestic legislation in a manner that will be the spirit of the provisions of the Convention and its implementation in the legal system of Taiwan. In this way, the same results of ensuring the effective exercise of parental authority and children''s rights protection could be reached in coherence with the 1980 and the 1996 Hague Convention. This article then provides proposed amendments by analyzing insufficiencies of procedural requirements and substantial requirements in our country.
This chapter last is to discuss the child abuse treatment, for example, punishment, emotional abuse treatment or negligence for child. At the same time, it discusses several legislative systems for child protection.
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