A Study On The Legal System Of The Relationship Between The Stepparents And Stepchildren In The Mainland Of China

With the development of commodity economy and the improvement of living standards, views on marriage and family values are gradually changing. According to the data released by the Ministry of Civil Affairs in the mainland of China, the crude divorce rate of mainland residents are increasing for twelve consecutive years since 2003. Continuously increasing divorce rate not only causes more remarried families, but also makes disputes between the stepparents and stepchildren growing. Different from the relationship between biological parents and children, stepparents and stepchildren have no blood relationship based on the fact of remarriage. In real life, There is a diversity in the way the stepparents and stepchildren relate to each other. some stepparents and stepchildren live together, some stepparents do not live together with stepchildren. It can be said that the relationship between stepparents and stepchildren is a very complex kinship. However, when faced with this complex social relationship, our country's current legislation regulate this only through part of principled terms, not only hard to adapt to the social needs, but also lacks of effective regulations to deal with the problems of the stepparent-child relationship.From the type, content and other basic theory of the relationship between stepparents and stepchildren in the mainland of our country, this paper attempts to explore the legal issues existing in the stepparent-child relationship in the mainland of China and then put forward the corresponding suggestions for the relevant problems combined with extraterritorial relevant regulations. The contents are as follows:The first part is an overview of the relationship between the stepparents and stepchildren in the mainland of china. This part mainly introduces the classification, content and termination of the relationship between the stepparents and stepchildren in the mainland of China, comprehensively sorts out the relevant content of stepparent-child relationship and then provides a theoretical basis for the further study of the text.The second part concerns the study and analysis on the legislation of the stepparent-children relationship. In extraterritorial areas. This part introduces the maintenance system, parental care system, "actual parents" system of seven selected representative countries and regions including Switzerland, Germany, Russia, Australia, Canada, Taiwan and Macau of China. Through the comparison and analysis on the legislation of different countries and regions, this paper aims to broaden the research perspective of relevant issues in the mainland of China.The third part presents the legislation inadequacy of the relationship between the stepparents and stepchildren in the mainland of china. At present, the regulations of the relationship between the stepparents and stepchildren in the mainland of China, is inappropriate in terms of judgment standard, legal consequences, and so on. There are some shortcomings in the stepparent-child relationship's termination system, inheritance system, adoption system. I hope that through sorting out these legislative problems, clear the way to solve the problem, so as to perfect the legislation basis for suggestions.The fourth part offers the countermeasures and suggestions to improve the relationship between the stepparents and stepchildren in the mainland of China. In this part, for the problems existing in the third part, the author tries to make a reconstruction of the maintenance system, guardianship system of the relationship between stepparents and stepchildren, who have built up maintenance relation with each other, improve the following the relationship between stepparents and stepchildren's inheritance system and release system, add the not full adoption system, and solve the shortage of the current system on the basis of defining the principle of legislation.