Comparative Study on Comprehensive Treatment of maintenance Arrears
The United States,France and other countries have established maintenance collection agencies to solve the problem of maintenance rights holders'difficulty in recovering maintenance on their own or through the courts,and such collection agencies can mobilize all fields of national power,including the default disciplinary mechanism to force the obligors of maintenance to fulfill their obligations,and impose criminal liability on those who refuse to provide maintenance,thus forming a model for comprehensively managing arrears of maintenance.But for those who cannot fulfill their maintenance obligations due to serving a prison sentence,etc.,it also implements policies of reduction or exemption,and uses the agency as a reserve performer to eliminate the risk of maintenance rights holders for failure to receive their maintenance.Nonetheless,for those who do not exercise their right to claim maintenance,most legislatures have used the statute of limitations for litigation and the statute of limitations on enforcement to extinguish such rights.China is still at the stage of relying solely on the courts to resolve the problem of maintenance arrears,with no maintenance collection agencies,and as the enforcement rate of court judgments is only 57％,the rights holders of maintenance may not be able to receive maintenance payments even if s/he wins the case.Consequently,the establishment of a maintenance collection agency,and the expansion of the system of determining and enforcing maintenance payments to the relationship between left-behind children and their parents are the main direction for the establishment of a comprehensive governance of collecting maintenance payments in China's future.
Arrears of maintenanceMaintenance collection agencyNational parental rightsLeft-behind childrenDefault disciplinary mechanism
NETL
NSTL
万方数据
