A Study On The Tort Law Of Fraudulent Upbringing

There is an increasing amount of litigation on fraudulent dependency in practice,but there is no special system or targeted law.In the aspect of academic research,some scholars constantly put forward their own views,which are not completely unified.There are three problems to be solved in the practice of our country: first,which law or the combination of relevant laws should be used to deal with such cases under the existing blank;Second,the relevant burden of proof allocation is scientific and the setting of the standard of proof is reasonable;Third,the different levels of economic development in different parts of the country,the different cases’ actual situations and the different degrees of judges’ grasp of the cases result in different judgments of the same case,which leads to the damage of judicial credibility.The purpose of this paper is to study the legal issues of fraudulent parenting tort and explore the ways to solve such cases from the perspective of tort.The main body of this paper is divided into three parts: the first part mainly takes the dispute case of damage liability after the divorce of huang jia and li,the dispute case of other marriage and family disputes between wang and lu,the dispute case of yu qingqing and liu dashuang’s cohabitation relationship children raising as cases,introduces the case and summarizes the focus of the dispute in the case;The second part is the jurisprudential analysis of the focal issues.The third part is to unify and improve the current legal obstacles in the case of fraudulent upbringing,including the scope of compensation and the subject of compensation for the tort of fraudulent upbringing,the application and improvement of the liability for compensation rules for fraudulent upbringing,the allocation and proof standard of theburden of proof in the case of fraudulent upbringing,and the improvement of relevant legal loopholes.