Try To Talk About Our Country Born Out Of Wedlock Is Working With The System Of Claim Construction

With the development and reform of our country, people’smarriage views、birth views and sexual concept has changed, in therecent years, children born out of wedlock increase quickly and itbecame a social problem which can’t be avoided, although marriagelaw in our country provides children born out of wedlock andmarriage enjoy equal legitimate rights and interests, but due tomarriage law has not established claim and legitimation system,parents’responsibility and obligations are overtook only byparents’consciously performance, It is not conducive for physicaland mental health of children who born out of wedlock, claim andlegitimation system has been established in most countries and areas,is can for in China of legislative by reference, for protectionlegitimate rights and interests of the children who born out ofwedlock on purpose, and based on the experience of other countriesand areas, we should construct claim and legitimation system for thechildren who born out of wedlock in China as soon as possible, sothat, we can maximize protection of the rights of illegitimatechildren, but also for the consummation of the marriage legislation,laying the foundations for the compilation of the civil law.The fulltext of the main body is divided into the following four components: Part Ⅰ: It is the overview of the claim and legitimation system.On the basis of the analysis of the causes and types of illegitimatechildren,author defined the conception of illegitimate children, anddescribed the system of claim and legitimation to establishrelationship between illegitimate child and parents, pointed out thatthe distinction of claim and legitimation system.Part Ⅱ: Comparative analysis of claim system. In a combinationof France、German、British、America、HongKong and Taiwan basedon comparative analysis of the specific claim of voluntary andcompulsory,author compared the claim and legitimation system inCivil-law System and Common-Law System countries with acontroversial claim related issues.Part Ⅲ: Significance and tentative idea to establish claim andlegitimation system in China. Author pointed out the absence ofclaim and legitimation system in China, It is necessary to establishclaim and legitimation system in China.Based on the analysis and research in the preceding sections, Authorpointed out deficiencies in existing legislation of parent-childrelationships in China, described legislative principles for claimsystem and the plan.Part Ⅳ: The importance of paternity testing technology in claimand legitimation system. Author referenced and analysised the successful experience of other nations and areas on paternityidentification legislation, and described principle and advice forperfecting paternity identification ststem in China.