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Research On The Relationship Between Step Parents And Step Children Of Raising Type

Posted on:2020-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:J J HanFull Text:PDF
GTID:2416330578960167Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the continuous improvement of economic development level and coexistence of diversified thoughts,the traditional concept of marriage and family has gradually changed,and new family methods have constantly emerged.Remarried families are one of them.What follows is the increasing emergence of relationship between step parents and step children,especially the relationship between Step parents and Step children of Raising Type.There is no biological blood property between the step parents and the step children,so the two sides are prone to generating contradiction and estrangement,which calls for law to regulate and adjust it.Through systematic analysis,this paper sorts out the basic theories about the relationship between dependent parent and child,and discusses the necessity of legal adjustment of the relationship between dependent parent and child.On this basis,it finds that there are many deficiencies and shortcomings in the legislation of parenting parent-child relationship in China,which leads to the application of dilemmas in judicial practice,such as the lack of recognition standards for parenting education and the formation of such relationships.These problems run through the entire process of formation and development.In view of the problems existing in the current legislation,this paper analyzes the necessity of the further legal regulation of the parenting parent-child relationship in China,Proposing legislative advices.First of all,the legislation establishes the principle of maximizing the interests of children and taking into account the protection of the rights and interests of the old and respecting voluntary choice of the parties.Secondly,in the specific determination of the standard of "raising education",it explicitly regard "live together" as the main and "pay the cost of raising" as the auxiliary objective standard and time standard.Finally,the rules for the dissolution of the fostering step parent-child relationship are clearly defined,so that the judge can have a law to deal with such case and better resolve the dispute between the step parents and the step children.In a word,the legislative perfection of fictional blood kinship is not only beneficial to encourage family members to support the old and care for the young in order to establish harmonious family relations,but also of special value to construct a socialist harmonious society as the saying goes: "respect the old and cherish the young".
Keywords/Search Tags:Raising type, Step parents, Step children, Parenting relationship, Fictional blood kinship
PDF Full Text Request
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