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【裁判要旨】已满18周岁的子女要求父母继续承担抚养义务,如不具有最高人民法院《关于适用婚姻法若干问题的解释(一)》第20条规定情形的,该子女仅有诉权,但无胜诉权。诉讼中,其父母双方或一方自愿承担的,人民法院可予释明后驳回原告的诉讼请求,而不应径直判决其父母继续承担抚养义务。
The purpose of the referee Children over the age of 18 require their parents to continue to bear the obligation of support, if not the Supreme People’s Court “on the application of some issues of the Marriage Law (a)” Article 20 of the case, the child has only the right to appeal, but no Winning right. In a lawsuit, if one or both of the parents voluntarily assume the case, the people’s court may dismiss the claim of the plaintiff after the court has clarified it, and should not directly impose on the parents their continued commitment to support.