A Study On The Applicable Law Of Paternity Test In China

As a production in modern science and technology, the paternity test is playing an important role in finding out the parent-child relationship. But the paternity test also has its disadvantages, on the one hand, it causes the negative evaluation of true blood relationship between the parties, on the other hand, it is likely to accelerate marriage break-up and to lead to the tragedy of affection rupture. Actually, our country is lacking of the law in the paternity test, and it is difficult to apply for the judge, so the social problem about the paternity test is easy to happen. The paper which mainly according to the reply from the supreme people’s court over the years and consults<the people’s court on applicable "marriage law of the Republic of China>the explanation of some issues (3), analyzes the paternity test in parent-child relationship lawsuit system and practice problems, and put forward to the reflection and further improve vision about the paternity test in our country. The paper mainly has the following four parts:The first part of the paper addresses the theoretical research of the paternity test system, it regards the technology of the paternity test as the demarcation point to summarizes the history of the paternity test and analyzes of the connotation of the paternity test system and the main function. It also analyzes the paternity test and its opportunities and challenges in the field of parent-child relationship, points out that it also has a conflict in the field of parent-child relationship and the substantive rights of the parties clearly, and for expansion of below for bedding.The second part of the paper addresses the introduction of foreign legislation cases and paternity test for enlightenment in our country, based on Introduces the main evolution paternity law applicable specifications, it investigates the key point of the paternity test, namely the paternity test procedure and the spoliation of evidence, and analyzes the apply to the revelation of paternity test in our country.The third part of the paper addresses the status quo of the application of the paternity test in our country, it introduces the adventure for the application of the paternity test in our country, and analyzes the positive significance for the paternity test in the legislation and practice level.The last part of the paper addresses the consummation of the paternity test in our country, based on the paper, the paternity test in our country is also existing some problems, and put forward the perfect measures about the basic principle of the paternity test, the problems of procedure and the spoliation of evidence.