중국 가족법상 부양제도 (Systems of support in the Chinese family law)

서지정보

· 발행기관 : 한중법학회
· 수록지 정보 : 중국법연구 / 20권 / 103 ~ 130페이지
· 저자명 : 우병창

초록

Support is an economical, psychological and physical assistance of an individual such as family or of a country, for someone whose right to live is threatened and cannot able to sustain independent life by oneself because of natural and social causes.
In the Chinese family law, support is defined as a legal duty to support and help between a certain range of relatives. support has the both aspects of right and duty, and the one who receive support becomes the person entitled to get support, and the one who has the responsibility to perform the support becomes the person under duty.
There are five cases of support in the Chinese family law.
First, a legal duty of parents to support their minor child. This duty cannot be exempted as it is a parental right, and is unconditional duty.
Second, a legal duty of child to support his parents. This includes not only economical but also psychological and physical assistance to aged parents. This duty is conditional, but cannot be exempted.
Third, support between married couple. This also includes economical, psychological and physical assistance. The legal duty to support between married couple must be performed, and unconditional and cannot be exempted.
Fourth, support between brothers and sisters. This also includes economical, psychological and physical assistance. This is conditional.
Fifth, support between lineal or collateral ascendant and descendant, lineal relatives by affinity. This is conditional.
In Chinese family law, support is considered as something to guarantee the life of the aged and children, patients and disabled people, and the poor and to stabilize family relationship, and to promote the social stability and the demand of the civilization development as the legal effect after the certain relative relation is legally established.

영어초록

Support is an economical, psychological and physical assistance of an individual such as family or of a country, for someone whose right to live is threatened and cannot able to sustain independent life by oneself because of natural and social causes.
In the Chinese family law, support is defined as a legal duty to support and help between a certain range of relatives. support has the both aspects of right and duty, and the one who receive support becomes the person entitled to get support, and the one who has the responsibility to perform the support becomes the person under duty.
There are five cases of support in the Chinese family law.
First, a legal duty of parents to support their minor child. This duty cannot be exempted as it is a parental right, and is unconditional duty.
Second, a legal duty of child to support his parents. This includes not only economical but also psychological and physical assistance to aged parents. This duty is conditional, but cannot be exempted.
Third, support between married couple. This also includes economical, psychological and physical assistance. The legal duty to support between married couple must be performed, and unconditional and cannot be exempted.
Fourth, support between brothers and sisters. This also includes economical, psychological and physical assistance. This is conditional.
Fifth, support between lineal or collateral ascendant and descendant, lineal relatives by affinity. This is conditional.
In Chinese family law, support is considered as something to guarantee the life of the aged and children, patients and disabled people, and the poor and to stabilize family relationship, and to promote the social stability and the demand of the civilization development as the legal effect after the certain relative relation is legally established.

참고자료

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