论儿童监护权的国际私法保护制度-国际法学专业论文.docxVIP

II II 以期最大限度地保护儿童。 关键词：儿童监护权；国际儿童诱拐；中央机关 PAGE PAGE IV Abstract Marriage is the basic premise of family constitution in modern society. Since this kind of union is artificial produces, then it could be artificial relieve. By divorce, both the husband and the wife can be liberated from the marriage ties, and obtain individual freedom. But at the same time, their minor children would suffer a tremendous impact. Therefore, strengthening the legal protection of children in the separation family is particularly important. The countries all over the world are facing the same problem, how to minimize the impact of their parents’ divorce on children. This paper altogether divided into five parts, as follows: The first part is child custody legal regime’s basic question. Guardianship system contains a wide range, this paper merely discuss child custody after divorce. From the perspective of domestic law, this part contains the content of child custody, and discusses when determining the child guardian should follow the basic principles, and then point out that the private international law of child custody is in need. The second part is the private international law to child custody of nationality comparison. From the jurisdiction, applicable law and recognition and enforcement of judgments, compared the civil law with the common law. Because the existence of conflict of laws, thus we need to set up regional and global international Conventions, so as to form a unity of child custody legislation. The third part is the protection of child custody legislation of international institute for the unification of private law. The Hague Conference on Private International Law has been working to protect children from the perspective of private international law. Until now, it has draw up four copies of the International Convention on child custody, the 1980 Hague Convention on the Civil Aspects of International Child Abduction has obtained a huge success. Some regional organizatio