On Rules For Parenthood Established In China

Parenthood means relationships between child and parent, it isimportant factor for family ties. Parenthood to be established is oneimportant rule to identify the relationship between child and parent inlaw, to adjust parenthood can’t stand without law method, while ourcurrent marriage law has no rule on this, it leads that there’s no standingfor this in law. This paper analyze some judicial explanation and lawrule on relationship between child and parent, compare with othercountries in this field, sum up the shortage in our current law, base onour national conditions, then discuss how to complete the rule ofestablishing parenthood in our country.The paper will be divided into four parts,Second, third, fourth partof the body part.In the first part,the author describes the typical reality disputesinvolving parent-child relationship established two relatedcases,request with a brief analysis of the results through litigationassociate these two cases,Leads to the problem to be discussed in thisarticle, that is, parent-child relationship established rules.In the second part,the author describes the relevant provisions ofChina’s current rules involving the parent-child relationship isestablished, analyze that in true life, it is not perfect for identifying parenthood in our country, it is almost blank in egitimate child to bepresumed or be denied, illegitimate child to be claimed, and dissensionbetween child and parent of artificial born child, our law can’t figureit out well, it is not good to protect minor child’s legal advantage.In the third part, introduce the history for parenthood, and focuson system for presuming, denying, claiming and precise positive abroad.In particular, it claims four factors: first is there are strict limitedconditions for presuming legal child all the world, and the related lawson presuming fertility period and child. Second is introduce brieflydenying legal child, denied subject, reason, the way and the period fordenying. Third is the matter to estimate artificial born child and parent,it is doing well abroad and in Hong Kong, Macau, while it is no good enoughfor this field in our country. Fourth is the matter to estimate the illegalchild and parent, there are system to claim and precise positive abroadto solve the child’s identity, while there is no rule in our law for this,it is regret in our law and to be improved.In the four part,based on China’s national conditions,explore howto improve parent-child relationship in China to establish rules. afteranalyzing the estimating rules for parenthood, it is found to canceldifferentiate legal child and illegal child is historical, so our countryshould follow this trend, use natural child to replace the calling forlegal child and illegal child. And build up our own characteristicalsystem for presuming, denying and claiming.