A Probe Into The System Of Claiming Children

The relationship between parents and children is the most direct blood relatives, it shoulders the responsibility to maintain our own development and heritage of civilization, is the core of family relations, the core family and legal system to adjust the parent-child relationship and family legal system. To comply with the development trend of child oriented parenthood law, all countries in the world to protect children in the best interests of the principle, to protect the basic rights of children born out of wedlock. The related data about unmarried in China no specific number of children born out of wedlock, but the trend of gradually expanding is an indisputable fact. For the protection of children born out of wedlock is one of the important problems in the legislative process of the parent-child relationship in the modern society, there are still many countries do not recognize the illegitimate and legitimate children have the same legal rights. Research shows that children born out of wedlock, Europe is growing at an alarming rate, over the past ten years, born out of wedlock birth weight in newborns of the proportion of the total number has doubled the proportion of Britain, France, Denmark, and other places are close to or more than 50%, in 2007 the number of Iceland children born out of wedlock is close to all 65% neonatal. Although our country has given legal protection of unmarried children as children born in wedlock, but there are still many places need to be improved.The law of our country only relates to the protection of the rights and interests of children born out of wedlock, but did not make the identity change of claim system, which is a big defect of our marriage and family legislation, and the children born out of wedlock marriage biochemical is a necessary stage of children born out of wedlock fully protected. The change from the historical status of children born out of wedlock, reveal the protection of the rights and interests of the development trend of illegitimate children. By the relevant provisions of the law of different countries and regions, combined with China’s specific national conditions, according to the deficiency of our protection of illegitimate children legislation put forward corresponding legislative idea.Analysis of the first chapter of illegitimate child claim system to establish the background. In this chapter the concept of illegitimate children were defined, and the evolution of legal status of illegitimate children of history. The emergence of claim system to confirm parent-child relationship is more effective, in order to strengthen the protection of children born out of wedlock.The second chapter is the status of China’s illegitimate child claim system and the necessity of establishment. This chapter introduces the status of China’s legislation, judicial practice of illegitimate child claim system, analyzes the problems existing in the Chinese legal protection of illegitimate children in the process, and then leads to the necessity of establishing the illegitimate child claim system.Construction of China’s illegitimate child claim system in chapter third. This chapter in Germany, France, the United States, Japan and Macao area of our country legislation as an example, through the comparison of the overseas law relating to children born out of wedlock interests protection system, so as to provide reference for the protection of the legal rights and interests of perfect our country of illegitimate children. Will adhere to the legal protection for the foundation, protection of the family as the breakthrough point, using comparative method, contrasts the domestic and international law and scholars point of view, all the Chinese reality based on some assumptions, the establishment conforms to our country national condition the illegitimate child claim system.