The Identity Confirmation System Of Illegitimate Children In China

With the development of society, people’s ideas are changing, cohabitation, trial marriage,one-night stands, extramarital affairs and other phenomena emerging, continue to impact onthe moral defense.One of the resulting is that the quantity of illegitimate children areincreasing, parent-child relations disputes frequently Occurred. Identification of illegitimatechildren has increasingly become an important issue in the current family law.It relates to thecustody of illegitimate children, inheritance and education, support, protection, and manyother closely related issues. Compared with advanced countries, the legislation of theillegitimate child in the china’s Marriage Law is too simple and principle, although the lawprovides that "illegitimate children enjoy the same rights as legitimate children."but lack of aidentification system, difficult to implement in practice, the legal rights of illegitimatechildren is difficult to be effectively guaranteed.In this paper, the authors use historical methods, comparative method, analysis and legalsociology research methods, from the basic theory of illegitimate child identification systemintroduction of illegitimate children, the quasi-regular system and claim system. Comparativeanalysis confirmed the identity of foreign legislative rules, Propose the thinking andrecommendations about how to establish and improve China’s illegitimate children to maketheir own identification system.This article is divided into four parts, the first part introduces the basic concepts andtheories: the definition and classification from the illegitimate and legitimate children of theirstarting point, the changes of illegitimate children in the legal status, the different legislativebasis and legislative models to determine the parent-child relations. Specifically addressed theidentity of the two systems, quasi-regular system of claim system. The second part,the caseof France, Germany, Italy, Japan, Ethiopia and China’s Macao identity verification system asan example of an illegitimate child, summarizes the trend of illegitimate child identificationsystem, to facilitate effective learning. The third part, analyze problems for the stage ofChina’s legislative system status, such as lack of legislative principles, the necessary gaps inthe system and so on. Finally, in order to more effectively protect the legitimate interests ofillegitimate children, to achieve social equality, justice, provide some useful reference toidentification system,hope to improve China’s Family Law.