On The Civil Liability And Right Relief Of Fraudulent Rearing

In recent years,with the continuous development of the economy,more and more people have begun to pursue a free and open lifestyle.Fraudulent marriage and family disputes have also flooded into court.The defrauded party pays a lot of money and effort to treat the non-natural child as the natural child without knowing the truth.However,in fact,the defrauded party is not obliged to raise the non-natural child,so the property loss and mental damage usually caused Cannot be ignored.However,China’s current legislation does not explicitly include fraudulent upbringing in the legislative adjustment scope.Only April 2,1992 issued by the Supreme People ’s Court of China on “Can a man be deceived to raise a non-natural child during a husband-wife relationship after divorce?” The reply to recovering the childcare expenses from the woman([1991] Mintazi No.63(hereinafter referred to as the "reply letter")refers to the case of fraudulent maintenance,and the "reply letter" provides for the payment after divorce.A clear answer to the question of the return of child support payments,indicating that it should be returned;however,the reply did not provide a clear answer to whether the childcare expenses paid by the fraudulent party during the existence of the husband and wife relationship should be returned,indicating that further research is needed.There is no clear stipulation on the compensation for mental damage.In judicial practice,the judgments of courts in various places in China are more chaotic.For property damage,some courts use the grounds of invalid behavior,revocable behavior,improper gains,torts,etc.to support the fraudulent party.Please return the child support payment for the entire period from the birth of the child to the time when the payment of child support is stopped.The answer to the question of the return of childcare expenses paid by the fraudulent party during the life of the marriage is only to support the return of childcare payments after divorce.For the mental damage of the fraudulent party,the basis of the right of appeal invoked by each court is also different.The amounts vary widely,which is not conducive to the protection of the legitimate rights and interests of the defrauded party.In addition,for third parties outside the marriage relationship,the dependents can be used as the subject of the maintenance payments,and other property rights changes due to fraud,How to deal with gifts,inheritance,etc.has not been determined in China’s laws,judicial practice and theory.Therefore,in this context,the research on the protection of the property and spiritual interests of the fraudulent party is of great significance.In this regard,this article will mainly use real cases in practice to elicit problems,conduct research based on domestic law legislation and judicial status,and divide the requested subject into three parties: the biological mother,the biological father,and the dependents to discuss and determine the basis of the right of claim.The rights of the victimized party are protected.First of all,as for the biological mother,since she has committed adultery with another person in a marital relationship or in a cohabitation relationship,the fact that she is a rational adult should be subjectively foreseeable in terms of the concept of pregnancy and having children.Therefore,its subjective malignancy is great,especially in the marital relationship.It not only causes significant property losses to the victim,but also causes serious mental damage to the victim.This article demonstrates the behavior of the biological mother from the perspective of tort liability,making it liable for the property damage and moral damage of the victim.Secondly,for the biological father(third person),the situation is more complicated in reality.If the biological mother informs the biological father of the facts,the biological father is informed.If the biological father and the biological mother trick or conceal the child to be raised as a biological child by the fraudulent party,both the biological father and the biological mother have subjective faults,which constitutes infringement..If the biological mother doesn’t tell the truth to the biological father,the biological father is usually unaware of it,and it is difficult to prove his subjective fault,so he cannot claim the rights of the biological father through tort.As his biological father is responsible for the legal upbringing of his children,he can bear the corresponding return responsibility through the improper profit system.Finally,for the dependants,because they cannot determine their birth,they can be regarded as innocent to a certain extent,and their responsibility is mainly reflected in property.As for the request for maintenance,when the dependents are under the age,they have the right to be supported,and they shall not bear the responsibility of returning the request for maintenance from the defrauded party,which shall be borne by their biological father and mother.Regarding changes in the rights of other properties,such as the gift of cars,houses and other properties,or the acquisition of ownership of related properties through inheritance of wills,the dependents have no right to transfer the property,whether they are adults or not,and should be returned.