Research On Children’s Custody Problems Of Digamous Family

With the trend of urbanization and the increasingly frequent transfer of personnel,more and more families disrupt，and naturally, more and more stepfamilies emerge.The phenomenon of maltreating step children, maltreating step parents, organizing thechildren to beg, children labors reported by news media has caused profoundconsideration, how to standardize the relationship between step parents and stepchildren and how to guarantee the health of step children are important subjects. Thisdissertation puts forth humble opinion on children’s custody problems of digamousfamily from a case of creditor’s rights disputes.This dissertation is constituted by three parts:The first part generally introduces the case, and the focuses of controversy,which are as follows:1. the amount and assignment of death compensation;2. theparties subject qualifications;3. the removement of the relationship between stepparents and step children.In the second part, this dissertation discusses the disagreement and legal analysisof this case. Firstly, as the institution to the near relatives of decedents，deathcompensation is properly allotted by the different ages of dependents. Secondly, thisdissertation figures out that there is still certain procedural problem in the process ofmediation. Last but not the least, this author attempts to probe into the feasibility ofremoving the relationship between step parents and step children.The third part proposes related legal problems caused by such case. Theproblems are as follows:1. the author tries to probe into the concepts on step parents and step children,how to formulate the relationship of fostering and educating step children, and if themarital relationship is removed, step parents still have the obligation to bring up stepparents. Supposing the relationship still exists, it will cause the imbalance betweenrights and obligations.2. By analyzing the current situations of step children in digamous families, thisdissertation discovers that the increasing of divorcing families results in the increasing of digamous families, the fostering and educating to step children by step parents isnot so perfect, and the government and society don’t undertake the due obligations,therefore, the impulse to reform current regulations has emerged.3. the dilemma of reforming current regulations are the negligence of minorchildren’s interests and the lack of separation system on establishing parental rightsand guardianship.4. legislative concepts, determining the resolution of bringing up children is oneof the legal constituents, exploring the establishment of separation system on parentalrights and guardianship, distinguishing the property of guardian and pupil, specifyingthe scope of guardian, disposing the disputes on guardian, specifying the due time ofguardianship and the rights of guardian, such as rights of claiming for, refusing andchanging a reward, clarifying guardian’s obligations, and the property of guardianshall not be proposed, unless for the pupils’ interests. After feasible exploration on themaintaining of the relationship between step parents and children after the removingof marital relationship, and the temporal requirements analysis on fostering andeducating, this author holds that under the condition of maintaining the relationshipbetween step parents and step children, the rights and obligations between stepchildren and biological parents should be lessened. Supposing the marital relationshipbetween step father or mother and biological mother or father is removed because ofdivorcing or the deceasing of one party, the regulations on affinity between stepchildren and step parents are as follows, consultation firstly, otherwise, litigation isadopted. At last, the author maintains that the national guardianship and supervisionresponsibility should be effectively strengthened, and the society should integrate allkinds of strength to protect minors who have lost an intact family.