The Research Of Children’s Duty Of Supporting Their Parents Failed To Fulfill The Duty Of Bringing Up Them

In our Chinese legislation,there only be parents have the duty of bringing up their children and children have the duty of supporting their parents.However,there is not if children should support their parents,those who are unable to work or have difficulty in providing for themselves and have failed to performed the duty of bringing up their children at the same time.And the legal interpretation organ of the Republic of China hasn’t had some explanation about it.This imperfection of the Chinese involving laws causing following problems:In the judiciary circle,there still exist some different standards whether parents have performed the duty of bringing up their children;and the children who had not been brought up by their parents,whether have the duty of supporting their parents,those who are unable to work or have difficulty in providing for themselves and have failed to perform their duty of bringing up their children at the same time.And the same problems also exist in the theoretical circle of law.In order to reach a consensus on the above-mentioned problems,I pursue the subject of the children’s duty of supporting their parents,those who are unable to work or have difficulty in providing for themselves and have failed to bring up their children at the same time.The assay is divided into five parts.The first part is the main details of the typical cases and divergences of these typical cases have displayed.By analyzing the main details of the 330 pieces of typical cases,the divergences of these typical cases have been shown.The divergences above mentioned are two aspects.The first is the standards whether parents have fulfilled the duty of bringing up their children.And the second is the different standards which kind of duty children should take for their parents,those who are unable to work or have difficulty in providing for themselves and have failed to perform their duty of bringing up their children at the same time.The second part is the reasons of the above-mentioned divergences.The first is the reasons of the different standards judge parents have failed or not to perform their duty of bringing up their children.The second is the reasons of different judgments about which kind of duty the children should take for their parents,who are unable to work or have difficulty in providing for themselves and have failed to perform their duty of bringing up their children at the same time.The third part is reaching a consensus of legal rules about the standards,which judges parents have performed their duty of bringing up their children.There are two standards judge parents have performed their duty of bringing up their children both in the scholars in law and the judges about it.The one is the lenient standards,and the other is the strict standards.Then I choose the lenient standard,which judges parents have fulfilled the duty of bringing up their children.On the other words,I choose the strict standard,which judges the parents have failed to perform the duty of bringing up their children.The forth part is reaching a consensus of the legal judge rules,which the children should take the relative duty of supporting their parents,those who are unable to work or have difficulty in providing for themselves and have failed to perform their duty of bringing up their children at the same time.About the children’s duty of supporting their parents above mentioned,there are threkinds of views shown in the 330 pieces of typical cases.The first is the childreshould take no duty of supporting their parents.The second is the childreshould take the absolute duty of supporting their parents.And the third is thchildren should take the relative duty of supporting their parents.Then banalyzing the strong points and weak points of these three views abovmentioned,I give my choice,it’s that the children should take the relative dutof supporting their parents,those who are unable to work or have difficulty iproviding for themselves and have failed to perform their duty of bringing utheir children at the same time.The fifth part is my some suggestion about the Civil Code of the People’s Republic of China and the involving laws.It contains following aspects.The first is that the children should take the relative duty of supporting their parents,who are unable to work or have difficulty in providing for themselves and have failed to perform their duty of bringing up their children at the same.The second is the standard,which judges the parents have failed to take the duty of bringing up their children should be strict.The last are the circumstances of exempting from the children’s the duty of supporting their parents,those who are unable to work or have difficulty in providing for themselves and have failed to perform their duty of bringing up their children at the same time.And what are the considering factors about the relative duty of supporting parents,when the judges decide the children’s duty of supporting their parents,those who are unable to work or have difficulty in providing for themselves and have failed to perform their duty of bringing up their children at the same time.