Study On The Several Legal Issues Of Parent-Child Relationship Confirmation System In Our Country

Parent-child relationship is one of the family ralationships that adjusted by thelaw of marrige,which is the precondition to clarify the rights and obligations betweenparents and children. But in recent years, due to the complex phenomenon of therelationship btween men and women exists generally, the category of parent-childrelationship is various, even difficult to confirm. The phenomenon affect the stabilityof the family relationships and the healthy growth of children,even the socialharmony. So the most important thing is how to identify parent-child relationship.Itis become the legal problem that can not be ignored.This paper by the parent-child relationships in China to confirm the legal statusof the system, and cites actual cases, leads to legal problems faced by the system. Onrecognized by the parent-child relationship presumed to deny the parent-childrelationship, and how to claim the children paternity testing, as well as theconfirmation of the parent-child relationship, the problem that how to apply.Presumption deny unclaimed recognized basic types of parent-child relationshipis the core of the system of the parent-child relationship confirmation. Which is theurgent need confirmation system improve the parent-child relationship. Also need acorrect understanding of social ethics and social values inherent in the confirmationof the parent-child relationship, strictly follow the children equality, the principle ofthe best interests of the minor children, focus on protecting the identity relationshipstability, taking into account the pursuit of true three basic principles of the bloodrelationship throughout its system always.Which is not accord with the ratiocination is obviously unreasonable accordingto.The third edition of marriage law explanation and The certain provisions of civilaction evidence of the supreme people’s court.So,the most important part about theindentification system of the patenity test is how to grasp the proof responsibility ofthe paternity test proposerfor party correctly, grasp the sense of conversion of burdenof proof in behavior significance reasonablely and timely, use the paternity testreasonable evidence. China is currently recognized parent-child relationship guide views and judicialinterpretation of the system requires only a few guiding. Even on some issues,whether in the legislative or judicial level, can be described as a blank.According tothe problem above, the paper affirms the significance of parent-child relationshipconfirmation firstly through the analysis methods such as comparative analysis,empirical research.Furthermore,the paper has indicated the lack of related laws in ourcountry based on the investigation of the outside law.Then the paper summarize theprinciple of litigation of parent-child relationship that should followed.In the end, thepaper puts forward Suggestions to the improvement of the system of parent-childrelationship confirmation in order to integrate application of the law and also guidethe judicial practice.