Research On The Right Protection Of China’s Illegitimate Children

At this time. How to guarantee the right of the minor children between parenthoodhas already become one of the important research topics. But with this research we can’tignore the especial illegitimate children. Since1989when United Nations adopted theChild’s-best-interest principle as the priority to deal with child’s behavior, manycountries and regions have began to review their marriage law and family law, andadopt the child’s-best-interest principle in related law and make it the importantprinciple for judicial practice. In order to protect minor children, detailed regulation oncustody, guardianship and inheriting have been applied, and some developed countrieseven have abolished the Confirmation the equal right some advanced countries evenhave been abolished the salutation of illegitimate children and legitimate children.Recently, along with the change of marriage attitude and increase of extramaritalsex, the quantity of illegitimate children increases in a large amount. Therefore, it isvery important for our nation to guarantee the equal right for the illegitimate childrenand legitimate children in our marriage law, and thus be regarded as the most advancedone. However, there indeed exist some cases that illegitimate children are harmed,which reflect that we haven’t enough measurement to protect the illegitimate children’sright. This article is mainly from legal principle to research how to guarantee theillegitimate children’s right and protection, and enhance the theory support theillegitimate children right and protection. Based on our current regulation and lawsituation, we discover that there are so many problems of the illegitimate children right.For example, we lack of clear legislative principles, recognition and claim system,perfect guardianship, and it is difficult for us to implement the children support.Comply with the disadvantage in the illegitimate children right protection from ourcurrent’s law, we should take the example of the legitimate children right and protectionregulation in foreign countries and Taiwan, in order to build the appropriate law toprotect the illegitimate children’s right in our country, and satisfy the time trend andparenthood need. We must also adopt the children’s-best-interest principle when wereform and improve our law in the illegitimate children’s right and protection. In themeantime, we should provide the law guidance for the illegitimate children, and make iteasy to implement children support. We should improve the raising system, guardianship of illegitimate children, and build excellent guardianship system as well asrecognition and claim system to protect the illegitimate children’s right. Besides, weshould reform our registration, which is of great significance for the illegitimatechildren right and protection.