The bona fide intention of minors to choose their custody is a key factor in the decision on the right of custody in divorce cases,and the protection of it is at the core of the implementation of the principle of"the most beneficial to the minors."In China,there are currently still problems in the protection of minors in divorce cases as to their bona fide intentions for custody,such as deficiency in legislative norms,the lack of procedural construction,and the lack of guid-ing jurisprudence,which leads to difficulties in relevant judicial decision-making.To strengthen the protection of the minor's bona fide intention in divorce cases,measures should be taken from the following aspects,including the en-hancement of substantive legislation,the improvement of procedural regulations,and the establishment of guiding cases,so as to realize the real implementation of the principle of"the most beneficial to the minors"in the adjudication of cus-tody rights in divorce cases.
关键词
离婚诉讼/受抚养真意/抚养权归属/未成年人保护/参与原则
Key words
divorce cases/bona fide intention for custody/awarding of custody/protection of minors/principle of par-ticipation
维普
万方数据