Research Of The Legal Relationship In Stepfamilies

With the continuous improvement of the Socio-economic development level, thefamily and marriage concept of the public have been changing slowly. At the sametime, China’s divorce rate has been rising rapidly, the mount of remarriage alsoimproves quickly，which lead to a large number of complex issues produced inremarriage families such as the intricate legal relationship in stepfamilies. Actually,stepfamily relationship, especially the relationship between the stepparent andstepchildren,is the most important issues.However the rights and obligations instepfamilies are not clear in China,the right of children and elder must be protectedwell. Due to the simple existing articles of Chinese marriage and family law, thereexist mass contradictions in stepfamilies.At present, complex problems in remarried family is increasing quickly,in orderto solve these contradictions,our regulation should learn some useful legalexperiences from the other countries so as to resolve the existence question ofChinese marriage and family legal regime. We should Establish the idea of protectingthe child and elder, consider the standard of the stepfather and stepmothers’subjectivewill, specify the content of "whether and how long they living together ""the amountof fostering fee", so that we could specify the rights and obligations in stepfamilies. Inaddition, incomplete adoption should be brought into our Marriage and familylaw.Our common power should pay a role on protecting the rights and interests of thechildren and elder in stepfamilies, improving harmony in the stepfamilies.