Denial Of Parent-child Relationship

Paternity is the core of the family, as a bound to maintain the family relationship between parents and children, which is the most directly most nearest blood relationship. Among the complex social life the parent-child relationship frequently be questioned, while the relationship between parents and children can not do without legal means’ adjustment, once put forward the sue of deny paternity then how to deal with it and what are the likely legal consequences of the legal issues that must be adjusted and resolved. Long time since the sue of patrrnity there is no available legal which can be cited, till the third interpretation for Marriage begin set rules for the deny of parent-child relationship, but the premise of the question such as Presumption of parent-child relationship and so on is still in a vacuum state, In view of the problems caused to our lives, we should improve the relevant parent-child law, which makes this conflict was defused.This paper is divided into four parts:Part one:Elebrate the basic theory of deny of parent-child relationship, including the types and characteristics of it, then expand form the presumption of paternity and deny of parent-child relationship the two concrete espects. The article take the origin of the parent-child relationship as entry point, step-by-step introduce the system of parent-child relationship, afterwards analyse the establishment of the legislative value of it.Part two:Nowdays in our country the denial of Parent-child relationship still in a vacuum state, but for the basic of the thery still other aspects such as the parent-child issues under judicial practice such artificial assisted reproductive technology, the specific problems of the parent-child conflict issues in surrogacy agreements, fraudulent raising of parent-child issues because it also involvs in the parent-child relationship and the rights and interests of parents and children especially denial of paternity. On these basis, then analyze such special problems to estimate the impact of the traditional rules and find really need to re-establish legal recognition criteria, and at the course sue of paternity denial paternity proceedings will inevitably be involved in paternity test and the test should follow the principles of detailed.Part three:Comparative analysis the the system of paternity denial. Through the way of empirical and comparative analysis of the foreign paternity denial system, then from two legal systems just the civil law in Europe and America. Followed by a comparative analysis of constituent elements of foreign paternity deny, the appeal from the cause of action, the limitation of the right to appeal and the legal effects. On the basis of a comparative analysis of then propose suited to China’s national conditions.Part four:The establish of parent-child relationship deny system. First represent the parent-child relationship deny should follow the basic principles, then the action from the parent-child relationship, such as the scope of the deny paternity litigation’s application, who should bear the burden of onus of proof. This innovation in the comprehensive consideration of the domestic and international legislation, then made specific recommendations in line with China’s national conditions and the feasibility of the parent-child relationship denied.