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随着现代社会经济的不断发展和人们生活质量的不断提高,因而使得人们越来越追求婚姻的幸福指数,随之而来所带来的问题就是离婚率也在升高。离婚不仅仅使夫妻双方之间的感情破裂,而且更为严重的是对未成年子女心理造成一定伤害。未成年子女作为家庭成员之一,处于家庭和社会中的弱势群体,成长中的他们非常需要父母各方面的关心和照顾。但随着离婚人数的不断增加,未成年子女的利益在离婚案件中常常无法受到保护,主要是由于离婚后的夫妻长期忽视了对未成年子女的教育。我国婚姻法中虽然有明确的法条来规定离婚后对未成年子女的保护制度,但由于存在一些立法观念上的问题其利益仍旧得不到充分保护。本文将通过阐述离婚后子女监护制度的立法现状,来找出并阐述目前我国立法中和司法实践中对于离婚后未成年子女监护所存在问题,并提出一定的完善措施及其法律构想,以便对我国未成年监护制度的发展,尽自己的绵薄之力。
With the continuous development of modern social economy and continuous improvement of people’s quality of life, people are increasingly pursuing the happiness index of marriage. The ensuing problem is that the divorce rate is also rising. Divorce not only ruins the relationship between husband and wife, but more seriously, it causes some harm to the mentality of the minor children. As a family member, minor children are disadvantaged in the family and in society. Growing children greatly need the care and attention of all parents. However, as the number of divorces continues to increase, the interests of underage children often can not be protected in divorce cases, mainly because couples after divorce have long neglected their education of underage children. Although there is a clear law in our country’s marriage law to stipulate the protection system for the minor children after the divorce, their interests are still not fully protected due to some legislative issues. This article will elaborate the present situation of the legislation of the custody system of the children after divorce to find out and explain the current problems in the legislative and judicial practice of our country for the guardianship of the minor children after the divorce and put forward some measures of perfection and the legal conception, The development of the guardianship system for minors in our country has done its very best.