Legislative Analysis Of Maintenance System

The vulnerable group in the human society has already come into being with the advent of the human society. The vulnerable group has to be assisted to maintain a normal life, so the raising system is playing an important role in protecting the interests of the vulnerable group. However,confined to the times, the legislation of the raising system in China seems simple and coarse, decentralized and unsystematic, enabling the legislation of the raising system not to fit the demand of the current era. Through the analysis of the legislation of the raising system in different nations and regions, we can find the status quo and existing problems of the legislation of the raising system. The settlement of these problems is of significance for improving the raising system in ChinaThe first chapter is an introduction of the raising system. It can be defined both in a broad sense and a narrow sense. Meanwhile, there are also many different views on the concept of the raising system in the academic circle. This thesis has analyzed and summarized those different views, and made clear the concept of the raising system adopted in the thesis. Then the author introduces the characteristics and major classifications of the raising system, and expounds the research significance at the end. The raising system links up the family function and social security of the government. The improvement of the raising system can guide the human behavior and inherit the fine tradition of China so as to create a harmonious and stable social environment, laying a solid foundation for boosting the economic development and solving the problem of aging population.The second chapter makes an analysis of the legislative statues of the raising system in China, summarizing the essential characteristics of the raising system in legislation. The raising system adopts the legislative model of decentralization, and confines raising between man and wife, parents and children, grandparent and grandchildren as well as among siblings. However, maintenance order and discipline establishment are not concluded or are not clear in the legislation. Though the previous analysis, it can be found that there are many problems in the legislation in China. The thesis has made a further illustration for these problems in the hope of clearing the direction of improving the raising system.Chapter three puts forward views and suggestions for the legislation of the raising system in China. Firstly, it discusses the legislative model of the raising system in China, believing that our nation should follow the other countries to adopt the special section to formulate the related system regarding the raising matter. Then the thesis conducts a deep exploration on several specific problems, that is, which party should be included in the raising coverage, what kind of maintenance order should be adopted between support obligee and support obligations of persons, which condition can lead to the elimination of the raising relationship. I am pondering over those problems which mentioned-above. The thesis points out the direction of improvement of the raising system in China.Chapter four choose three specific problems in the legislation of the raising system. These three questions relate to the question namely should we add a clause about adult children support their parents when we regulate the life obligations clause. And what we can do if a party is dead or the maintenance requirements exterminate when we legislate the clause of the situation of support vanished.The analysis of the specific problems is the reflection on the details of the legislation. The perfection of the details is conducive to formulating a set of raising system which is reasonable and strict in China so as to better protect the legitimate rights and interests of the parties concerned...