论成年在校大学生对父母的抚养费请求权——兼论《婚姻法司法解释(一)》第20条的缺陷与完善

On the Claim for Aliments of the Adult College Students to their Parents——As Described in Article 20 of the Interpretation No.I of Marriage Law

在司法实践中,对于在校成年大学生起诉父母索要抚养费的相似案件,不同法院的判决往往截然不同。主要原因在于《婚姻法司法解释(一)》第20条对"不能独立生活的子女"的规定存在缺陷。在《婚姻法》相关内容细化之前,有必要通过司法解释作出明确规定,一是明确"父母有给付能力"为成年子女请求父母给付抚养费的前提;二是细化对"不能独立生活的子女"的解释,甄别情况肯定或否定在校成年大学生对父母的抚养费请求权。

The different court judgments in judicial practice are often diametrically opposed in the case which the adult college students initiate a lawsuit in the people＇s court to ask their parents to pay aliments.This is primarily caused by the lack of the ＂children without the ability to live an independent life＂ as described in article 20 of the Interpretation No.I of Marriage Law.Before the Marriage Law clarified it is essential to make clear regulation in the Interpretation of Marriage Law as follows：first,the adult children who without the ability to live an independent life should be entitled to ask their parents to pay aliments on the basis of their parents having the payment capacity;the second is to detail the explanation of the ＂children without the ability to live an independent life＂,and distinguish different situation to decide to affirm or deny the right of asking their parents for aliments of the adult college students.