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近几年来,中老年人再婚现象越来越多,由此带来的一系列法律问题日益引起法学界的重视。有的学者从立法角度提出了完善《婚姻法》和《继承法》两法中拟制血亲的问题;有的学者还就拟制血亲的一些法律关系问题进行了争论或提出建议。两法中的拟制血亲,特别是具有拟制血亲的继父母子女间的法律关系规定得不够具体、明确。本文试从立法和完善两法的角度,对继养关系的产生和法律效力以及解除或消灭继养关系后的法律效力等作一些探讨。
In recent years, the phenomenon of remarriage of middle-aged and old people is getting more and more. A series of legal problems brought by it have aroused the attention of legal scholars. Some scholars put forward from a legislative point of view the issue of perfecting the proposed marriage law between the Marriage Law and the Inheritance Law. Some scholars have also debated or proposed some legal relations concerning the proposed blood marriage. The legal relationship between the proposed blood relatives in the two laws, especially the step-parents and children with proposed blood relatives, is not specific and specific. This article attempts to make some discussions on the emergence and legal effectiveness of the relationship between the uprising and the legal effect after the dissolution or elimination of the relationship between the two parties through legislation and perfecting the two laws.