On The Following Parentage

With the increasing productivity and the enrichment of materialistic and spiritual resources, the common concept of people toward family and marriage is gradually remodeling. Through the history of modern China, as of 1949, there have been 3 peak periods of divorces, which then lead to the apparent rise in the number of re-formed families. Since there is no blood-bond among the step-parents and step-children (hereinafter referred to as"the Relationship"), the stability of such re-formed families are challenged, which has a direct influence on the benefits of the step-children, especially on the benefits of those juveniles. Nevertheless, in terms with the Relationship, only the general and impractical regulations are stipulated in the existing PRC laws. Therefore, when comes to the discussion of the Relationship in practice, a number of disputes and disparity arise.This thesis, by defining the concept, type and characteristics of the Relationship and analyzing the existing PRC legislative system, is aimed to 1) study on the legislative model of the Relationship; 2) summarize the defects and limitations of the existing laws in regards to the Relationship; 3) propose the concrete advice on how to improve the laws on the Relationship.This thesis is consisted of 4 chapters. In Chapter One, the writer defines the concept, type and characteristics of the relationship among the step-parents and step-children. The situations are discussed in the light of whether the step-children are underage or when such step-children live together with the step-parents.In Chapter Two, the legislative models adopted by several countries in regards to the Relationship are concluded, of which, the writer recommends one suitable model for China.In Chapter Three, the writer briefly introduces the legislative history of PRC laws regarding the Relationship. In such part, the writer lists the relevant laws, judicial explanations and replies on the issues regarding the Relationship, and by the analysis of the problems arising from the judicial practice, the writer summarizes the defects and limitations of the existing laws in regards to the Relationship.In Chapter Four, on the basis of the defined defects and limitations regarding the Relationship the writer discovers in the existing PRC laws, by the reference of the foreign legislative model which is suitable for China, the writer proposes the concrete advice on the perfection of China's legislation on the Relationship. From the writer's perspective, it is better to consider that the step-parents and the step-children are in-laws instead of fictitious relatives, while the Relationship shall not affect other relatives. And the writer recommends that, as the complement to the Relationship Institution, the adoptio minus plena system should be adopted. In that case, the step-parents and the step-children may choose either Institution at their own discretion. This is to provide the ultimate protection for the benefits of the juveniles and the elderly and to promote the stability and harmony of the re-formed families and society.