The Research Of Fraudulent Fostering Issue

Fraudulent foster, which was emerged in marriage and family relations, its reason are diversity, and it is more complexity that compared to other issues in the field of marriage and family. Faced with the growing dependency of fraudulent foster cases, Most countries and regions in the world for solving this problem are clearly defined, but our country is not to be clearly defined on this issue, it is not conducive to restructuring the order that destroyed by fraudulent foster in the field of marriage and family, it is not conducive to our country’s harmonious society, and it is not conducive to the implementation of the strategy by law. Fully protected from fraud and minor children of party interests, disciplinary harm fraudulent party consider raising adjustment fraudulent legal means can not be separated. To solve such problems resulting from the fundamental, stable marriage and family order, and the legislation is consistent with the world trend. To solve the problem of fraudulent dependents must be fully specified in the law.Besides the introduction and conclusion, the paper is divided into seven sections.The first part describes the basic theory of fraudulent foster, focusing on concepts to analyze and summarize its constituent elements, and then discussed the causes of fraudulent foster issues, it involve enconomic, culture and society environment.The second part mainly put the fraudulent foster attributed to the relationship between identity and the relationship between the two major issues of property and made fraudulent raise two specific issues to be discussed in this article covered.The third part is Legislative status quo and problems, a detailed analysis of the current situation of major fraudulent rearing system, the system reveals the current legislation of the existence of fraudulent dependents, including paternity denial system requirements are not clear, the provisions of the claimed system is imperfect parenting, alimony the return of the problem and the issue of compensation for moral damage, laying the groundwork for the following legislative proposals.The fourth part international comparison and Enlightenment of the relevant legislation, which is part of the main application of the method of comparative research on the legislative or judicial practice in civil law and common law system has a more representative national and regional brief introduction, and on this basis, integration analysis, by summing up at their strengths and weaknesses, to extract the legislation can help to improve our useful experience.The fifth part combined with China’s actual situation, put forward the basic principles of constructing fraudulent dependency problem solving system, including the principle of equality of children, the principle of maximizing the interests of minors, the principle of protect the legitimate rights and interests of party principles fraud and identity relationship stability and kinship with authenticity.The sixth part is mainly constructed of fraudulent identity system. The author of the aforementioned reference extraterritorial legislative experience, combined with their own serious thought, based on the actual situation in China, made from various aspects of the system to build deny paternity and paternity claimed system recommendations, including denial regimes deny paternity provisions, the trustee who claimed the right to request a paternity claim of voluntary system is a claimant, the relevant constituent elements, duration and manner and mandatory unclaimed; to deny people the right to establish, in the case denied the right to destroy, deny the exercise of the right to deny the appeal and effectiveness of owner, claimant, manner and duration of effectiveness and unclaimed.The seventh part is mainly dependent system perfect fraudulent property regime. The author is also based on China’s national conditions, drawing on the experience of extraterritorial legislation on the basis of fraud to solve the problem of raising the property, proposed a series of programs, including improving the return on alimony problem solving and mental damage compensation system each recommendations, hoping to be able to benefit future legislation.