| The latest data from the seventh national census in 2020 show that the population aged 60 and above in China accounts for 18.7% ofthe total population,an increase of 5.44 percentage points compared with the sixth national census in 2010.This data fully shows that the degree of population aging is further deepened,and elderly care has become an important livelihood issue.At the present stage,China is still mainly based on home care.As an important way of home care,the legacy support agreement system can not only reduce the burden of the country’s pension,but also help promote the good fashion of supporting the weak.However,the present Chinese law on the legacy support agreement system is tod rough and general,resulting in many disputes in judicial practice,therefore,no matter from the point of necessity or importance,we need to conduct in-depth research on it,in order to better improve the legacysupport agreement system in China.Firstly,this paper defines the concept and nature of legacy maintenance agreement from the theoretical level,and concludes that it is a special civil contract.Then summarize the relevant provisions of China’s laws on the legacy support agreement in the emergence stage,find 106 cases of "legacy support agreement dispute" on the website of Peking University,and conclude that there are many problems in the legacy support agreement in China.Finally,on the outside and the inheritance of contract is similar to that of bequeath bring up,deal to comb and combined with the actual situation in our country,to perfect our country put forward the proposal bequeath bring up,deal:first,to conclude the subject scope too narrow,bequeath bring up,deal is not in conformity with the actual need of problem,put forward to expand sign the main body of bequeath bring up,deal with conditional admitted guardian shall sign the effectiveness of bequeath bring up,deal with Include legal successors who have no legal obligation to maintain or support the legatee into the scope of supporters;Secondly,due to the lack of formal elements of the agreement,and the lack of clear provisions on how to identify the validity in the case of conflict with obligatory share and general debt repayment,and the problem that disputes are easy to occur in practice,it is proposed that the signing of the agreement must be in the form of written,audio and video recording and other forms that can record the specific contents with tangible carriers,and it is better to notarize.To clarify the validity of the required portion over the legacy support agreement,and to determine how to determine the validity of the general debt and the legacy support agreement when there is a dispute according to the time and reason of the general debt and whether the legater has bad faith;Third,according to law for support and bequests make default behavior,only specifies the default may terminate the agreement,in addition to this,does not other remedy,is not conducive to the parties rights and interests of the security problem,puts forward introducing bequest property system of advance notice registration,clear beneficiary disposes of the bequest property without authorization the relief way,set up a supervision mechanism,using the way of Ming Confirm the legal causes for termination,and increase other consequences of termination according to the different causes except the return of maintenance expenses... |
