On Spoliation Of Evidence In Lawsuit Of Establishing Parentage

With the development of society, it is often heard that illegitimate childreninstitute legal proceedings against their own father for confirmation of existence ofparentage. The controversial point of the lawsuit undoubtedly lies in whether theyhave genetic connection. Therefore, paternity test, especially accurate DNA technique,becomes the key to the case along with the development of natural science. However,the litigant who is required to take the test usually refuses to do so due to its accuracy.This paper, from the angle of theory analysis and comparison method, emphasizeon how to govern this behavior so as to guarantee the virtual justice of litigant. Thisstudy starts with the legal action to the confirmation of parentage, and then discussesthe evolution, attribution and particularity of the action as well as the correlatedillegitimate children’s system. It also stresses the burden of proof, ultimate andcollateral facts of the action. Moreover, it overviews the concept, content and legalprinciple of spoliation of evidence and puts forward some opinions. In conclusion,from the angle of comparison method and the combination of legislative pattern undercivil law system, this paper analysis the legal basis of provision of paternity testsample and the regulation to unwarrantable refusal. It also examines relevant law ofChina and judicial explanation.