Child
custody enforcement in China is still controversial, and there are also great differences on some key issues of custody.
Lacking clear contents of custody enforcement in adjudicative documents,
cognitive biases among judges and inadequate
supporting measures have become three major elements which lead to
difficulties in enforcement of child custody rights. Therefore, child custody
enforcement needs to be improved through: (1) to carry out the concept of
modest enforcement, (2) to maximize interests of children in realizing child
custody rights, (3) and in the adjudication documents to clearly list out the
specific content of enforcing the custody right.
References
[1]
Chen, X. Y. (2023). The Nature and Proof of Custody Rights: An Analysis Based on Relationship Approach. Legal System and Social Development, No. 2, 104.
[2]
Dong, Z. Q. (2003). Case for Request on the Question of Whether a Person Can Be Coerced. In Compulsory Enforcement Guidance and Reference (Vol. 3. pp. 238-240). Law Publishing House.
[3]
Jiang, B. X., & Liu, G. X. (2015). Unified Understanding and Application of the Latest Judicial Interpretation of the Supreme Court (p. 89). China Legal Publishing House.
[4]
Li, X. L. (2023). Judicial Considerations and Procedural Convergence of the Will of Minor Children in Divorce Custody Dispute. Law Review, No. 2, 107.
[5]
Lin, Y. Q. (2018). Prevention and Intervention of the Absence of Juvenile Family Guardianship from the Perspective of National Governance. Journal of the National Academy of Governance, No. 4, 70.
[6]
Liu, Z. F. (2016). The Dilemma, Causes and Solutions of the Enforcement of Custody Rights in China. Jianghan Academic, No. 4, 41.
[7]
Tang, W. G. (2014). Custody Right Cannot Apply for Compulsory Execution. Western Legal News, No. 18, 6.
[8]
Wang, B. D., & Zhang, Y. (2018). Practical Operation Guide of Compulsory Execution (p. 701). Law Publishing House.
[9]
Wang, L. M. (2017). General Provisions of the Civil Law of the People’s Republic of China (Volume 1, p. 95). China Legal Press.
[10]
Yang, D. (1989). The Compulsory Execution of the Ownership of Minor Child Support in Divorce Cases. Shandong Law, No. 4, 30.
[11]
Yue, C. L. (2018). A New Path to Construct the System of Separation of Trial and Execution. People’s Justice. Application, No. 16, 54.
