A Study On The Legal Issues Of Relations Between Stepparents And Stepchildren

In recent years, with the changing social attitudes of the masses and the concept of life, divorce rate is showing a blowout surge. Statistics show that:in2011. Chinese divorce rate increments achieve in seven consecutive years, the national daily average of more than5,000the disintegration of the family and the divorce rate in Beijing, Shanghai, Shenzhen, is as high as39%,38%,36.25%, which are among the top three. Behind the high divorce rate, more and more stepfamilies continue to produce more and more stepparents and stepchildren, and relations disputes will follow. In our country, there is no specialized family law to adjust the relationship between stepparents and stepchildren, most of the provisions about the relationship between stepparents and stepchildren are scattered in some of the provisions of the Marriage Law and Law of Succession which is part of the contents are mostly introduced in the eighties and nineties of the last century, from the introduction to the present, there are not big changes. In the past three decades. Chinese economy and society have undergone enormous changes. Today’s Chinese society and the Chinese society at that time are quite different and some of the provisions of stepparents and stepchildren in today’s society can not solute some new problems. More and more experts and scholars have noted this problem, a time when the repairing period of our Civil Code, many people write to express his own views and opinions. Because of the interests in the Marriage Law at the master degree, this thesis is wrote after learning and reading predecessors in order to do a little modest means of our family law theoretical research.The thesis is mainly divided into4parts.Part1is an overview of the relationship. This part is the main provisions of our legislation on the relationship between stepparents and stepchildren. First, the relationship between stepparents and stepchildren is the same with other civil legal relations, relationship of stepparents and stepchildren also contains the main body of the legal relationship, the contents of the legal relationship between the object and the legal relationship. This chapter focuses on the contents of legal relationship of stepparents and stepchildren and makes a detailed introduction on stepparents and stepchildren relationship classification, nature, and the lifting. On the nature of the relationship between stepparents and stepchildren. it is focused on debate and differences of stepparents and stepchildren in the nature found. There are the views of the experts and scholars also are some of my own personal views and theories.In Part2is about foreign research and discussion on the relationship between stepparents and stepchildren. The first section of this part mainly introduces the issue of the relevant regulations and legislation, through the integration of these countries, it is divided into three categories including directly regarding as affinity countries. deeming the relationship by affinity assuming the rights and obligations of countries and regarding as fictitious relation under certain conditions. The second part of this chapter tries to analyze the legislative trends of countries. The legislative experience of some foreign countries on Chinese legislative amendment and perfect has a very large reference, and after sorting out the trend of national legislation. the trend of our legislation in the issue of the relationship between stepparents and stepchildren can be better understood.Part3analyzes our stepparents and stepchildren relationship problems on legislative defects, comprehensively conclude some legislative flaws and defects existing in the problem. The main problems are:there is no unified standard established by the foster relation, conflicts existing in legislation on lifting the relationship between stepparents and stepchildren, stepparents and stepchildren relationship is established without full respect for the party autonomy as well as legislative interests on stepchildren are not enough and other problems,In Part4, by the reflection of the third part of these problems, combine with the second part’s experiences of other countries, put forward some solutions. These programs are in varying degrees correspond to our shortcomings in solving the problem, including:the establishment of the unified standard of dependents between stepparents and stepchildren, modifying some of the provisions of the Adoption Act suiting as well as increasing the incomplete system of adoption and so on.At present, China has not specified Relatives Codex, stepparents and stepchildren relations theory mostly contains in the Marriage Law and Law of Succession, these provisions mostly are some principled theories which lack of practical operability. It is believed that in the future promotion of Civil Code amendments, stepparents and stepchildren relation problems will certainly get more improvement and attention.