Research On The The Scope Of Maintenance Obligations

The scope of maintenance obligations to people that the law clearly stipulates the existence of mutual rights and obligations of maintenance of the status of the main body of the scope of a relative. Support obligation, not only in the range of people dependent system, kinship system has an important role, but also with other systems in civil law, penal system are also closely related. However, the scope of maintenance obligations were theoretical discussions and practical application of the process, there are still many controversial issues, such as:whether the spouses, former spouses after divorce are dependent obligation? Following the parent-child relationship, the father or the mother and the stepmother or stepfather, after divorce, dependent stepchildren under its obligation to support whether there? Great-grandparents and great-grandchildren, children, foreign children, grandparents and great-grandchildren outside the question of whether there is an obligation to support? Whether it should support parents-in-law? Whether the daughter should support her in-laws? Are there non-relatives maintenance obligations?The comparison of the adoption of national legislation, maintenance system, observe the ethical and economic analysis, we find that there is support obligation is based on no more than four:a common fact of life, marital relations, kinship ties and other grounds. Legal provisions exist between people living together with the fact that the duty not only to the already existing common facts of life reflection and affirmation, but also for people to live together to maintain the future state of need. The spouse or husband and wife relationship, the support obligation is the essential requirement of marriage, if both men and women there is no mutual assistance and support, you must not become a marriage. Based on blood relatives to establish contact between the support obligation is the normal continuation of human society's needs. In addition, the support obligation to establish the scope of people there are other basis, such as the historical tradition based, culture based, social policy basis and according to other customs.With regard to the scope of maintenance obligations were present controversial issues, in improving our people's scope of support obligation should take it seriously. Support obligation because of the presence is essentially based on shared life of the facts or the need to help each other, while the long-lasting symbiosis, mutual relations only in a certain kinship between, so the scope of maintenance obligations is limited to people between relatives. Between non-relatives to help the obligation, usually one-way, in theory, only known as "the duty of assistance" rather than a support obligation, and therefore the crime of criminal abandonment of the main restricted to relatives or family members is appropriate. As the divorce the former spouse's maintenance obligation with our country's history and tradition, the current legal theory and legislation, judicial practice, incompatible, it is inappropriate to divorce their spouses to expand into the original context of dependent; following the parent-child relationship is the marriage relationship, common fact of life for more than three-year step-parents and children should be given between the obligation to support each other; due to technological development and people's life expectancy, it is necessary such as the above three pro-direct blood into the scope of our dependency; take into account China's family planning policy and the provisions of inheritance and other factors, not the other three pro-collateral blood into the dependent coverage; based on the common property of the marriage system, freedom of marriage and inheritance rights and other considerations, the immediate-laws should not be part of the scope of maintenance.In the legislation may be related to the scope of maintenance obligations of people to make the following provisions:"The following family members to enjoy each other the right of maintenance to each other the negative maintenance obligations:(a) spouse; (b) immediate blood relatives; (c) of the two pro-collateral blood relatives, etc.. "As mentioned above, following a certain degree of dependency between parents and children and in the particular circumstances Xiasheng dependent parents and dependent children of the relationship, have been included within the scope of the immediate blood relatives, their parents, their children and the general enjoyment of the rights of dependents, the burden of dependency is different from the obligation The Department, primarily in the order of dependency, so the following parent-child relationship and dependency between the biological parents and foster children in dependency relations, the content should be specified in the order of dependency.