Study Of The Legal Issues About Fraudulent Raising

Fraudulent raising happened in our country recent years is a kind of litigationwhich has a high frequency, however, our country has not solved the related legalsystem of the fraudulent raising, which brings about some difficulties to the judgeswhen they deal with this kind of problems. With the growing number of scholarsbegan to pay attention to the study of fraudulent raising，the disputes have graduallyincreased. This article is to analyze the potential conflicts and contradictions in thepractice and learn from foreign legislative experience to make a suggestion to thelegislation in the aspects of fraudulent raising in the future.This article is divided into mainly three parts. The first part is about thediscussion of the fraudulent raising. Section one presents the characteristics andconcepts of the fraudulent raising. Owing to there are more and more attention paid tothe cases of fraudulent raising in recent years, so the definition of fraudulent raisinglays a great emphasis on the fact that it’s always the female deceives the male andthey don’t have a premise of marriage. Section two discusses the social roots offraudulent raising. The direct reason of the fraudulent raising is women’s premaritalsex behavior and extramarital sex behavior after marriage. The deeper reason,including the open conception of sex of the citizens, the emancipation of women,deficiency of emotional foundation of marriage and being without clear legalpunishment provisions. Section three discusses the legal property of the fraudulentraising. It gives a legal definition to the fraudulent raising, the author firstly proposesthat there are mainly five doctrines, namely the doctrines of invalid behavior, the actsof unjust enrichment, the acts of negotiorum gestio, the acts of breaching of contracts,and infringements, and then the author evaluates every doctrines and deems that theact of fraudulent raising is a compound infringement.The second part is about the problems of the tort damages of the fraudulentraising. On the basis of the idea that the act of fraudulent raising is a kind of infringement, section I firstly analyses the rights infringed by the act of fraudulentraising, including property rights, parental rights, spouse rights, reproductive rights,and the right to know. Section two further analyses the scope of compensation, whichincludes compensation for material damages and compensation for moraldamage.Compensation for material damages, means the return of the cost of raisingpaid by the party who is fraud and some reasonable interests. The article analyseswhether the fraudulent party and the be fraud party have already dissolve theirmarriage in accordance with different cases and the issues about the return of the costof raising paid by the be fraud party in the duration of marriage in the case of theirdissolution of marriage. Section three analyzes the issues about liability subject andthe responsibility of the subject to which we should pay attention and deems that it’snot only the mother of the dependents but also the father should be liable for the jointtortuous liability when the father knows perfectly well about the citations. About themother of the dependents, the article analyses that the mother, whether intentionalor negligent should bear tort liability, and then analyzes the limitation of the mothershould bear the tortuous liability according to the different situation. On the father ofthe dependents, the author believes that only if the father intentionally, he shouldbeing with the mother bear the bear tort liability and gives a brief description of theproblem of identification of the father in legal practice.The third part is about the fraudulent raising of his son identity and relationshipchanges, fraudulent dependents must not just be the end for fraud compensation ismore complex and important to be adjusted to the identity relationship between theparties. The author firstly analyses all the fraudulent raising of the issues involved,targeted analyses the denial system of foreign children born in wedlock and born outof wedlock to claim the system. And then the authors learn from foreign system andclaim some issues that we should pay some attention to build legitimate children todeny the problem of the system in our country. The author believes that the system ofchildren born in wedlock deny the rights that shall be limited to the husband, wife andadult children, while the extramarital third party, including the child’s biologicalfather is not entitled to the right to deny. The consequences of deny by the fraudulentside to lift the same error in their dependent children,“parent-child relationship”. At the same time, it should be based on Chapter II of the infringement question ofdamages ordered by compensation related people to infringement on the fraud side.Children beyond marriage system should claim the two sides agreed to elements andforced to claim that the child’s legal representative should exercise the voluntaryclaim. And the child’s father is not mandatory. The righties claim the request. Theconsequences of the claim is that the children of the same force claim betweenparent-child relationship can be established and the being forced to claim peopleshould bear the child support obligations.