关键词: 抚养权, 强制执行, 比例原则, 儿童最大利益

Abstract: General rules aiming at the property enforcement are not completely appropriate for custody enforcement. The ambiguity on the normative level and the judicial circle’s property-enforcement centralism together have substantially nullified the right of custody in the Chinese legal system. Rash adoption of the discretion-centered system has resulted in chaotic differences among local courts when comprehending and applying coercive measures，which inextricably undermine predictability of right and even damage the pillars of the rule of law system. Getting rid of the directed thinking of property enforcement is a prerequisite for the construction of a reasonable custody enforcement mechanism. The particularity of custody enforcement warrants a special treatment of general coercive measures and the hierarchy among them. The best interest of children is the primary consideration in the enforcement process，but not the absolute and unconditional one. A mechanism oriented toward the“last-resort”principle and a professional family court system is the main goal of reform in China.

Key words: custody, enforcement system, proportionality principle, best interests of children