美国赡养立法研究

A Study of Filial Support Legislation in the United States

美国子女赡养立法历史悠久,其立法结构较为完整,赡养诉讼主体资格范围较广,且有一套完善的法律救济机制,但由于联邦制度的局限性,各州赡养立法之间存在较大的差异性,一定程度上加大了法律实施的成本,加之美国政府及州政府对老年人的各种资金补助计划的实施,这些因素妨碍了赡养立法作用的发挥。然而,美国子女赡养法中某些制度设计,对我国赡养立法的完善还是具有可资借鉴的地方,我国立法可以在扩大赡养诉讼主体资格范围、完善法律援助机制以及加大对于不尽赡养义务的子女的法律惩戒力度等方面进行改革与创新。

Filial support legislation in the USA has a long history. It has complete legislative structure,and its scope of subjects of litigation related to filial support is wider.In addition,it has a set of more perfect system of legal remedy. But because of the limitation of federal system,there exist differences between the filial support laws from different states. And to some extent that enhances the cost of law enforcement. Meanwhile,federal government and state government in the USA have different kinds of fund support plans. The factors above interfere with the role of filial support laws. But the designs of some systems against filial support in the US.may help our filial support law improve further.Our filial support law would reform and initiate based on the following aspects,such as qualification on the subjects of legislation,improvement of system of legal aids and imposing heavier legal liabilities on those that do not maintain indigent parents.