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Zhong guo da lu ji fu mu zi nu zhi du zhi yan jiu = The Study on Legal System of the Stepfamily in Mainland China Preview this item
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中國大陸繼父母子女制度之研究 = The Study on Legal System of the Stepfamily in Mainland China /
Zhong guo da lu ji fu mu zi nu zhi du zhi yan jiu = The Study on Legal System of the Stepfamily in Mainland China

Author: 黃 郁婷. 黃郁婷. 王 如玄. ; Huangyuting.; Wangruxuan.
Publisher: 撰者, Tai bei shi : Zhuan zhe, min 106.
Dissertation: Shuo shi lun wen--dong wu da xue fa lu xue xi.
Edition/Format:   Thesis/dissertation : Thesis/dissertation : Chinese
Summary:
Since the twentieth century, as society continues to change, the concept of the marriage has been changing gradually. At the same time, the rate of divorce also has been rising rapidly. Due to the rate of divorce rising, a new family form - stepfamily which is also increasing. In the meanwhile, the stepparent-stepchild relationship becomes a major problem in marriage disputes gradually. According to the civil law of  Read more...
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Material Type: Thesis/dissertation
Document Type: Book
All Authors / Contributors: 黃 郁婷. 黃郁婷. 王 如玄. ; Huangyuting.; Wangruxuan.
OCLC Number: 1008553480
Notes: Zhi dao jiao shou: wang ru xuan.
Xue nian du: 105.
Description: 1 ce : tu ; 30 gong fen
Other Titles: Study on Legal System of the Stepfamily in Mainland China
Responsibility: huang yu ting.

Abstract:

Since the twentieth century, as society continues to change, the concept of the marriage has been changing gradually. At the same time, the rate of divorce also has been rising rapidly. Due to the rate of divorce rising, a new family form - stepfamily which is also increasing. In the meanwhile, the stepparent-stepchild relationship becomes a major problem in marriage disputes gradually. According to the civil law of Taiwan, a stepparent has no legal obligations to support his or her stepchildren and a stepchild has no legal rights to request support from his or her stepparent and vice versa. It seems to increase the extent of the difficulties that the stepfamily facing. Because of Mainland China has same history and culture with Taiwan, this article wants to explore the legal system of the stepfamily in Mainland China and to find out worth which as foundation of Taiwan lawmaking in the future. This article can be divided into four parts:First, accounted the concept of the stepfamily and analyzed the type of the stepparent-stepchild relationship in Mainland China. And then discussed establishment of the stepparent-stepchild relationship, described related rights and obligations in specific provisions of the stepfamily, and talked how to let related rights and obligations of the stepfamily eliminate. Second, investigated the present situation of the legal system of the stepparent-stepchild relationship in Mainland China, and researched that legal system which has defects or not. Third, discussed that the current situation of the stepparent-stepchild relationship in Taiwan, and through empirical research on judicial decisions of Taiwan Taoyuan District Court, Taiwan New Taipei District Court, and Taiwan Taichung District Court from January 1st, 2011 to December 31st, 2015 to demonstrate how the court operate in specific cases. Finally, about the current circumstance of the legal system of the stepparent-stepchild relationship between Taiwan and Mainland China, that compared the similarities and differences of the condition in Taiwan with the situation in Mainland China. Further, proposed specific amendment suggestions or directions for Taiwan to improve the legal system of the stepparent-stepchild relationship in future. Although the legal system of the stepparent-stepchild relationship in Mainland China is not faultless, the concept of "establish the filiation between a child and the child's stepparents, but at the same time allow filiation with the biological parents to remain" which is worthy of being taken as a reference for the legal system of the stepparent-stepchild relationship in Taiwan. Furthermore, we can learn the legal system of the stepfamily in Australia and the incomplete adoption in France. Those provisions have the same concept with Mainland China, which is not only establishes the rights and obligations between stepparents and child through a definite process, but also remains the rights and obligations between biological parents and child. It is more important that those provisions also regulate the filiation between stepparents and biological parents in sequence or in proportion explicitly. Therefore, we can base on the thoughts of the stepfamily in Australia and the incomplete adoption in France, and tally with the national conditions, building up an efficient system for the stepparent-stepchild relationship in Taiwan.

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