论子女最佳利益原则

子女最佳利益原则已发展成为各国家庭法在处理父母离婚后子女监护案件时的最高准则。虽然该原则其概念本身含有不确定性 ,具有多种可以不同明确表达的空间 ,但采用该原则的世界各国仍致力于列出若干决定子女最佳利益的具体准则。本文作者主张我国婚姻法应引进“子女最佳利益”原则作为处理子女监护问题时的最高指导原则 ,摒弃父母权利本位思想

On the Principle of Best Interests for the Child

The principle of 'best interests for the child' has become the governing legal standard for determining child custody cases in many countries around the world. Although this principle is difficult to define, and although there is no consensus as to what constitutes a child's best interests, many of the countries adopting this standard have tried to list the factors that a court should ponder in determining the child's best interests. To be sure, it is one of the most important principles in family law and represents a major achievement in this area of law. In this paper the author suggests that this principle should be adopted in the Family Book of the new Chinese Civil Code.