On Construction Of Paternity System In Our Country

Modern paternity system that originated from Roman law and Germanic law regards protection for under-aged children's interests as its core, which refers to such parents' rights and obligations to under-aged children as custodial, education and protection in personal and property aspects in view of identities. However, in the current civil legislations of our country there are serious drawbacks of paternity system, neither concept of paternity, nor specific and definite provisions on parents' rights and obligations to under-aged children, but compulsorily adopt content of paternity into guardianship system, and content is abstract and obscure lacking of operation-ability. It is not beneficial to protection of under-aged children's interests in the event of infringement upon them. This paper carries out comparative studies on concept of paternity in foreign paternity system, content of paternity, and forfeit, recovery, elimination of paternity, probes into the history of paternity in our country, drawbacks existed in current paternity system and necessity of establishment of paternity system, and on basis of this construct paternity system of our country. The paper holds that, firstly, legislation shall respectively legislate paternity and guardianship as two different systems, for giving play to their respective functions in their respective spheres. Secondly, shall definitely regulate specific content of paternity system. In principle parents shall conjointly exercise paternity, when parents conjointly exercise paternity but declarations of will are not inconsistent or parents divorce or their children are natural children, ways to exercise paternity shall use legislative cases in advanced countries for reference, combine them with our national conditions to solve. In addition, shall stipulate body looking-after right and propertylooking-after right of parents to under-aged children and establish system of suspension of paternity.