On The Reduction Of Children’s Maintenance Obligation

As far as China is concerned,it has always been a nation that attaches great importance to filial piety,which determines the absoluteness of duty of support in China’s current legislation,that is as long as the parents lose the ability to work or get into difficulties,the children must fulfill their maintenance obligation,and may not attach any conditions or for any reason as an excuse to refuse to perform.However,in recent years,there are more and more cases reported by the media that parents do not raise their children or abuse,abandon,deliberately kill,rape and do other illegal violations.The reasons not only include personal factors,but also the low cost of breaking the law is an important reason for the frequent occurrence of such cases.Because,according to the current law,parents’ right to be supported is not lost even if they have committed a serious violation of their children’s interests.It can be seen that the absoluteness of duty of support in our legislation is obviously not in line with the actual needs of social development.In addition,some scholars have advocated that the duty of support for children should be reduced in certain circumstances.In judicial practice,some courts have already broken through the provisions of the current legislation,but the practices are not the same everywhere.In view of this,with the help of empirical analysis,comparative analysis and other methods,the author tries to put forward some reasonable suggestions for the construction of China’s children’s duty of support relief system,so as to achieve the goal of safeguarding children’s interests and truly establishing the parent-child relationship of "the father is affectionate and the son is dutiful".The author starts with the statistics of the judicial data of children’s duty of support relief,and finds the conflict between the judicial status and the legislative provisions.Moreover,this paper analyzes the reasons why the court claims the duty of support relief through relevant court decisions,and then reflects on whether the absolute implementation of duty of support relief is reasonable in China.Secondly,in order to further explore the feasibility of reduction of children’s maintenance obligation,based on the introduction of the legislative background,legislative reasons,questions in the process of legislation and the legislative characteristics of article1118-1 of Taiwan civil law,the author analyzes the similarities between the system and the mainland of China,in order to provide reference for the relevant legislation in China.However,when it comes to the reduction of children’s maintenance obligation,both in the theoretical field and in the judicial practice,some opponents think that the system may violate the traditional culture of filial piety in China,which is not conductive to the harmony of parent-child relationship.In this regard,the author will analyzes the connotation of traditional filial piety and modern filial piety,distinguishes them,and then explores the relationship between children’s duty of support relief system and filial piety,in order to make clear,in fact,with the development of the society,the connotation of filial piety culture is supposed to differ with the ancient society,therefore,at present,the establishment of child support obligations of the relief system in China will not be in violation of the requirements of the filial piety culture,on the contrary,it is great benefit in protecting the interests of children and promoting the harmonious parent-child relationship.In the end,the author mainly draws lessons from Taiwan and compares the provisions of duty of support relief system for children in countries and regions outside the region.Furthermore,this part,on the basis of discovering the similarities and differences,combined with China’s national conditions,proposes several reasonable suggestions for the construction of duty of support relief system for children in China in terms of legislation and procedures.