| Paternity testing plays an important role in application of laws.In the criminal trial, the use of paternity testing can determine suspects quickly and accurately, and in the civil trial, the use of paternity testing can change the previous mode of relying on the parties' statements . it is so good to Applying a scientific conclusion Paternity to the trial that we can find the truth more easier to solve paternity disputes.Paternity testing conclusion is so highly accurate that it can be determine the presence or absence of parent-child relationship quickly and accurately , therefore, paternity testing in application of laws plays a very large impact on the parties.How to specificate paternity testing in the judicial trial procedures and principles ,and how to allocate the burden of proof legitimately between the parties when one party or the third party refuses paternity testing, are problems to be solved be solved.If using inappropriately ,it could result in dissolution of the marriage, even the breakdown of human relations and family tragedy. However,The lack of current laws in our country, results in a loss of adjudgement ona paternity testing , the trial results vary, and fails to achieve the desired legal effect.This paper examines the application of laws abroad,and then from a comparative point of reference foreign legislation, in connection with problems of paternity testing in application of chinese laws, proposes to build paternity testing regime in application of laws. which is paternity testing should be clearly the subject,make time provisions,advisably restrict paternity testing in application of laws from purposes and procedures ,distinguish different situations between legitimate claim of the complaint and denied the appeal ,and correspondly regulate obligation of helping to do paternity testing. Last proposes my own recommendations on improving the management of paternity testing which expects to benefit for improving application of law of paternity testing. |
PDF Full Text Request