Study Of The Legal Issues About Fraudulent Raising

Fraudulent raising is not common in the previous theory and practice of family law.However,in recent years,fraudulent parenting has become a frequently occurring litigation in China,but China has not cleared the relevant legal system to solve the problem of fraudulent raising.Under the influence of China’s traditional concept,if these disputes cannot be properly resolved,it will have a huge impact on the marriage and family order,and it is very unfavorable to the construction of a society ruled by law.The theory comes from practice.This article starts with judicial practice cases and discovers the problems of such cases in judicial trials.Combined with legal theory,it analyzes the legal nature of fraudulent support,and then studies the legal nature of fraudulent support under such legal nature.For property relationship issues and identity relationship issues,the feasible improvement directions and remedies are proposed.This article is divided into four parts:The first part is the question.First,the author searches for cases with the keywords "no parent-child relationship,return of support,mental damage compensation,fraudulent raising",and summarizes and analyzes the characteristics of this type of dispute from the four aspects of cause,litigation subject,litigation request,and judgment result.Then,based on judicial practice,combined with legal knowledge,it was found that the legal issues in fraudulent raising can be divided into two aspects: identity relationship and property relationship.The identity relationship problem mainly refers to how to protect the rights of the deceived party and the dependents after fraudulent maintenance rights and interests;the property relationship problem mainly refers to what is the basis of the claim for the return of maintenance fees and compensation for mental damage,and how to determine the specific amount.The second part identifies the concept and legal nature of fraudulent raising.Based on the concept of fraudulent raising,the author based on Professor Yang Lixin ’s point of view,on the basis of a certain expansion of the fraud period,proposed that during the marriage or non-marriage relationship,the woman deliberately concealed the truth or cause A gross negligence without notifying the boy that the child was born as a non-native child,thereby causing the man to misrecognize and perform the maintenance obligation.Regarding the legal nature of fraudulent raising,this part introduces and analyzes the main doctrines,the theory of invalid behavior,the theory of unreasonable management,the theory of improper gains and the theory of tort,pointing out that fraudulent raising is a compound tort.The third part is the identity relationship of fraudulent raising.First,the author starts with three specific questions,that is,whether the compensation for fraudulent support is based on divorce;after the fraudulent raising occurs,how does the identity relationship between the fraudulent party and the dependent be lifted and the extension of the How to establish the identity relationship between the foster person and the biological father,found that the root of the problem lies in the imperfection of the parent-child relationship system in China.Secondly,on this basis,organize and analyze the experience outside the region.Finally,it is proposed to perfect the parent-child relationship system in China under the guidance of the three principles led by the principle of the greatest interests of children.The fourth part is about the property relationship of fraudulent maintenance.This part contains two aspects: Based on fraudulent support is a compound tort,analyze the basis of the right to request the return of support payments,determine the influencing factors and calculation methods of the support payments.Discuss what kind of rights the fraudulent party should claim for mental damage compensation,analyze the factors that need to be considered in determining the amount of mental damage compensation,and propose a feasible reference standard.