“形成抚养关系”说原理与法律实施问题研究

“形成抚养关系”是婚姻家庭法律中常见的用语，但在理解和执行上却千姿百态。将非血亲关系间的扶养关系重构为实际父母子女关系、亚父母子女关系、有扶助事实三个层次并分别规定程度不同的权利义务，是重组家庭法律中十分重要的一个部分。

＂Forming a bring up relationship＂ theory and the enforcement of law concerned

The forming of bring-up relationship is frequently used words in marriage legislation; different people have their own different understandings and different implement manners in legal practice. However, the bring-up relationship between non-consanguinity persons could be divided into the practice parent-children relationship, the sub-parent-children relationship and the assist practice. We can regulate different rights and obligations according to three levels as above, which will be a quite important part in the legislation referring to recomposing family.