Administrative Obligations In Article 26 Of The Civil Code

Chinese social structure and family structure are undergoing profound changes,and the relationship between modern family functions and needs has also changed.The state’s administrative payment obligation is particularly important for strengthening the family support and nurturing functions.However,the legislation of Article 26 of The Civil Code still emphasizes the responsibility of intergenerational feedback between children and parents,and aims to promote the traditional Chinese culture of respecting the elderly and loving children and enhancing family cohesion.The greater welfare responsibility that the state should have assumed was not specified.Regarding the core issue that needs to be solved urgently in Article 26 of The Civil Code of China,which emphasizes the internal responsibility of the family but lacks the responsibility for state welfare payments in the form of legislation.This article attempts to effectively resolve by adding short clauses,which minimizes changes and does not break the existing social welfare legal system framework.The main content of this article is divided into three chapters:First,in light of the legislative background of The Civil Code,it highly affirms the epochal significance of Article 26 of The Civil Code,and points out that the lack of connection of national welfare payment responsibilities will lead to widespread misunderstandings,excessive judicial interference in family affairs and orders and worse family pressure.After layers of interpretation and analysis,the lack of state administrative obligation is the result of the combined effect of the influence of Confucian family clan culture with filial piety as the core,the deviation in grasping the characteristics of the times,and the poor connection between public and private legal systems.Limited by the legislative tradition and closed the door to private law,it is bound to be unable to see the proper meaning of Article 26 of The Civil Code,which has a negative impact on my country’s welfare rule of law and the stable and harmonious development of society.Finally,after examining Chinese history and reality and the possibility of system transplantation,this paper analyzes and compares the methods of escaping the national administrative benefit obligation into private law,and proposes that Article26 of The Civil Code should be appropriately connected to my country as a referral clause.Social welfare laws,such as The Compulsory Education Law,The Law on the Protection of the Rights and Interests of the Elderly,The Social Insurance Law,and The Law on the Protection of Minors,etc.,make the individual and family private law obligations in the Civil Code and the welfare administrative law system in the country Convergence of public law obligations and follow a Chinese-style path of moderately inclusive welfare development.