On Legal Remedies For Fraudulent Maintenance Of Victims

In judicial practice fraud in recent years,raising number of cases increased year by year,as the name implies,fraudulent raising means actor to deliberately false information to inform,to conceal the truth means,make unable to settle the obligation of raising the victim errors to know to perform the duty of rearing the infringement of the victim property right,spouse right,reproductive rights and other rights violations.Due to the lack of related legislation in our countiy,there are only "A Reply to the Letter Concerning the Possibility of a Man Claiming Maintenance Fee from a Female after Divorce of a Non-biological Child Dependent by Deception during the Survival of Couple Relations" the guidance,this kind of case basis is difficult to determine,the judge can only in the trial practice the appropriate discretion,this will be conducive to the damaged rights and interests of the legal relief of the victim.This paper adopts the empirical research method,reviews typical cases,summarizes the common controversial focus of such cases,and makes a comparative analysis of the court's trial process and trial results.Based on the different views of the theoretical circle on this kind of dispute,the qualitative analysis of fraudulent upbringing is carried out from the Angle of theory,and the rationality of the tort theory identified in this paper is proved to explore the various rights of fraudulent upbringing infringement,so as to provide a right basis for the victims seeking relief.At the same time,in the right remedy for the victim requests in accordance with the problem,clearly fraudulent raising the responsibility main body,combined with the existing legislation on the victim's damages can be relief,discussed include raising costs and damages,including emotional distress problems,give full consideration to the victim's right relief and the benign balance protection of the rights and interests of minors,clear and reasonable scope of damage compensation,strive to stand in the perspective of the victim comprehensive understanding on fraudulent raising disputes.