Research On System Of Protecting Illegitimate Children

The legal status of illegitimate children and protection of their rights and interests as an important and unavoidable problem in legislation on parentage; and their rights and interests are often infringed because of their birth. To follow the development trend of law of children standard, many countries' laws center on children's best interests to safeguard illegitimate children's basic rights and interests.Besides the preface and the conclusion, there are three chapters in the essay. Chapter One, to begin with the similarity and difference among illegitimate children, step children and foster children, points out that the imperfection in protecting illegitimate children both in legislation and in practice. Therefore, it is necessary to discuss the protection of illegitimate children's rights and interests. Meanwhile, by analyzing change in legal statue of illegitimate children, the part studies changes in people's value judgment of illegitimate children, and predict the development trend of protecting illegitimate children in the future.Chapter Two introduces the related regulations on establishment, guardianship, raising of parentage of illegitimate children in extraterritorial legal system. Through comparing and analyzing related regulations, it points out that the protection of illegitimate children's rights and interests are more reasonable in extraterritorial legal system, which can be learned by us in legislation and practice.Chapter Three introduces the current situation of system of protecting illegitimate children in China. Although both legitimate and illegitimate children are granted the same legal status in legislation, there are some imperfection in protecting illegitimate children. In view of this, the essay gives some ideas on protecting the legislation, for example, we can establish principle of children's best interests, establish Principle of non-discrimination and abolish difference between legitimate and illegitimate children, define form of determining guardian of children, etc.