Research On The Parent-Child Relationship Establishing System

As an important system of marriage and family law, the parent-child relationshipestablishing system is in the absence of state in our country for a long time. This paper willtake the parent-child relationship establishing system for the study object, striving to foundingthe parent-child relationship establishing system suitable for our country based on the grasp ofhistorical evolution and research on the parent-child relationship establishing system in somecountry abroad,so as to improve the civil law system for our country,protect the interests forthe children and maintain the stability for the marriage families.This paper includes four parts,about thirty-nine thousand words.The first part: Summarize the parent-child relationship establishing system. Parent-childrelationship establishing system has experience an development process from “Familystandard” to “Parents standard”, and then evolved to “Filial standard” together with parentagelaw.Howerer, parent-child relationship establishing system has his own characteristic in eachperiod. In general, The present parent-child relationship establishing system mainly includes:presumption and denial system of legitimate children, claim and legitimation system ofillegitimate children, and establishing system of artificial birth children identification.The second part: The study and comparison about parent-child relationship establishingsystem in some country abroad.This part introduces the legislation system and main contentsof parent-child relationship establishing system in five country respectively, including France,Italy, Germany, Ethiopia, and America. In which France and Italy are still in use of divisionon “legitimate children” and “illegitimate children”,the same part of legislative system are thepresumption and denial system of legitimate children, the claim and legitimation system ofillegitimate children.In addition, France also establish a system for the relationship betweenparents and artificial birth children. This legislation is more advanced compared to othercountries. Germany, Ethiopia, and America have all abolished the division method inlegitimate children and illegitimate children,although there are some differences inlegitimation system between these three countries,but on the whole, there are still dividedinto the two part including establish and deny of parent-child relationship.Therefore,Theauthor divide the comparison and evaluation of parent-child relationship establishing systemof these five countries into two part, the first part is the comparison and evaluation on legitimation system, and the second part is the comparison and evaluation on concrete system.The third part: Consideration about founding parent-child relationship establishingsystem in our country. After introducing the mainly contents of parent-child relationshipestablishing system in some country abroad and legislative situation about parent-childrelationship establishing system in our country. the author proposes three basic principles onfounding parent-child relationship establishing system, including the principle ofconsanguinity verism, the principle of identification stability and the family harmony, theprinciple of best interests for children. Reconsideration about the division between legitimatechildren and illegitimate children is the difficult point in this paper. Recently, most scholarsthink that the division about legitimate children and illegitimate children is the discriminationto the children and the root of unfair treatment. The author thinks that the division aboutlegitimate children and illegitimate children is closely related to the marriage phenomenon,and it is also the result of historical and religious left issues,but it can not become the legalbasis to punish the children, and it is also not the root of unfair. Therefore, the greatersignificance of abolishing the division about legitimate children and illegitimate children is toadapt the trend of presumptive range expansion on parent-child relationship recently.The four part: Legislative conception and legislative cause about founding parent-childrelationship establishing system in our country.In this part, the author establishes the majorframework and content of parent-child relationship establishing system, these content areabolish the division about legitimate children and illegitimate children, abolish thelegitimation system of legitimate children,and establish the presumption of parent-childrelationship,disaffirmation of parent-child relationship, claim of parent-child relationship,andsummarize the establishment of artificial birth children-parent relationship into these threesystems. On the aspect of presumption of parent-child relationship,the key problem is toexpanse the range of parent-child relationship presumption, and resume the children bornedby cohabiting couples as the male live together with the female. On the aspect ofdisaffirmation of parent-child relationship, regulate the condition about denying human,denying reason, denying period, and denying demand shall not be mentioned. On the aspectof claim of parent-child relationship, focus on the establishment to the mandatory claim ofappeal, and divide the mandatory claim into claim of request identification establishment andclaim of just fosterage. On the artificial birth children-parent relationship establishing system,regulate artificial birth children should summarize into borned by the couples decide to implement artificial reproduction jointly. On the process of system construction,each part hasits own legitimation reason, the author expects that the reasonable construction of system inthis paper can make the meager strength to the parent-child relationship establishing system inour country.