Research On Filial Obligation Exemption System

In recent years, children rights and interests in our country are infringed by their parents, the typical examples of which are injuring, maltreating, abandoning or raping sons and daughters. This suggests that some familial protection mechanisms of legitimate expectations have been quietly changed and the spirits of cooperation, obligation and harmony between parents and children have been hit hard. Under such circumstances, our legislation still stick to the filial obligation, which is not only against the legislative value of paying attention to good parenting returns, but also deviating from the ethics value orientation about the unification of rights and liabilities between parents and children. It is even more difficult to meet the expected possibility of the masses of the people. Many scholars also demonstrate the filial obligation should not be absolute theoretically, which could be exempted in certain circumstances. In this regard, judicial practice has also made a breakthrough, but still exists full of no consistencies. In view of this situation, author is trying to construct our filial obligation exemption system to maximize the maintenance of the best interests of the offspring and realize a parental guidance and filial respect’s benign cycle through the way of empirical analysis, comparative analysis, literature research and other research analysis.Part I of the paper analyses the necessity of construction of China’s filial obligations exemption system firstly. On the one hand, it states the real needs of the system. On the other hand, it proves the defects of China’s current law.PartⅡof the paper is the feasibility analysis on the construction of China’s filial obligations exemption system. It mainly demonstrates the theoretical basis of the filial obligation exemption system and the social-security systems for the support of it.Part III of the paper describes the foreign investigation of the system of the filial obligation exemption, which attempts to provide experience for the establishment of filial obligation exemption system and can put forward my own views and opinions by introducing the running situation and the concrete content of the external filial obligation exemption system.Part IV of the paper concerns the concrete construction of filial obligation exemption system which will be constructed from the two aspects of legislation design and the convergence of the relevant provisions on the basis of the research results of inside and outside scholars and considering the present situation of our country. The main contents of the system will be designed from the following four aspects: adequate subject, start-up mode, applicable conditions and legal effect.