On the Civil Remedies of the Defrauded Person in Fraudulent Maintenance

Abstract

Fraudulent maintenance dispute is not a single legal dispute, there are many different complex situations, in the biological parents, children, the fraudulent party and even between third parties there are difficult to clarify the legal relationship. In real life, this kind of phenomenon is more and more but not properly dealt with, the current fraudulent maintenance disputes related legal provisions are not perfect, the actual trial may also appear in many conflicts and problems, making the rights of the fraudulent party is difficult to get effective relief. The root of the problem is in dealing with such disputes, has not been clear about the nature of fraudulent maintenance legal relationship. In the comparison of the four doctrines, fraudulent maintenance can be defined as a tort, the infringement of the rights and interests of the object is clear for the general right of personality and the right to know, the fraudulent party's loss is summarized in three categories. The paper concludes with specific proposals for civil remedies for the defrauded party in fraudulent maintenance.