The Study On The System Of Child-care Expense Payment In China

Since ancient times,procreating and bringing up are the necessary condition for social continuation.It is incumbent responsibility for parents to bring up their children.Child-care expense,as the most important and basic content for parents to exercise the rights and obligations of child-rearing,is the necessary source of income for children and a solid material foundation for healthy growth.So,child-care expense plays a decisive role in the whole upbringing system.Whether the design of child-care expense payment system is reasonable or not will directly affect the healthy growth of children.At present,some original ideas on the issue of child-care expense payment are expounded by some domestic scholars.However,according to the collected information,researches on the payment system mostly are sporadic and fragmented.The provisions on child-care expense payment system after divorce in the revised “Marriage Law” of China in 2001 basically followed the original provisions of the 1980 “Marriage Law”.There are not much changes in legal articles and legal spirits.Most of these articles are simple and old,and have poor social adaptability,which increasingly shows the disjunction between theory and practice.Coupled with the growing number of cases involving alimony disputes in recent years,it is urgent to set up a more systematic and comprehensive child-care expense payment system as a trial support in judicial practice.Therefore,the legal of child-care expense need to be redefined by the overall evaluation of child-care expense payment system and discussion on the issue with academic disputes.Through the comparative study,some targeted solutions are found out.This paper is divided into three parts: introduction,main body and conclusion.The main body includes four chapters.In the first chapter,an overview of child-care expense is offered.Correctly grasping the definition of child-care expense is a premise of the payment system.Therefore,this chapter starts from the concept of child-care expense,analyzes the basic theory of the rights and obligations of child-care expense,and further elaborates the obligation of parents to bear the burden of child-care expense after divorce.In the second chapter,some cases of child-care expense payment disputes are taken as the object of investigation.Through the qualitative and quantitative analysis of these cases,controversial focus and legal problems are sorted out,and the causes of these disputes are analyzed.Then,the flaws on Chinese child-care expense payment system are uncovered by the researches concerning legal problems.In the third chapter,the internal and external legislative investigations of child-care expense payment system are elaborated.This chapter makes a comparative study on the current legislation situation of internal and external child-care expense payment system,then overall evaluation and legislative shortage analysis of the payment system in china are conducted.The fourth chapter leaves a large space for the concrete ideas on the construction of Chinese child-care expense payment system.The legislative principles and related legal provisions of Chinese child-care expense payment system are redefined from theoretical and practical levels.At the same time,corresponding supporting measures are proposed.