Research On Presumption And Deny System Of The Parent-child Relationship

With the development of society, great changes have taken place in people’s ideology,phenomenon of cohabitation, marriage, sex outside of marriage, become to be impact on thesocial and moral bottom line, one of the social problems caused by this is the number ofchildren born out of wedlock have being increase, parentage disputes have occurred. Sinceancient times, social or legal tend to protect the legitimate children, and the children born outof wedlock to mistreat. Confirmation for the parent-child relationship is the legitimatechildren, illegitimate children’s rights, status tend to be marginalized.The parent-child relationship of traditional confirmation system including permit andclaim the presumption of children born out of wedlock, and deny. Based on the legislativetrend of the world family method combing, think that our country should abandon theirchildren born out of wedlock and division, the same is known as children. Under this premise,the parent-child relationship confirmation system is divided into two parts--the parent-childrelationship of presumption and denial system, children’s claim system. Because thetraditional parent-child law presumption and deny the system of limited in the scope oflegitimate children, no detailed provisions on artificial birth children, and the exclusion ofchildren born out of wedlock, so the artificial birth children, children born out of wedlockunified into the parent-child relationship of presumption and denial system within the scopeof discussion, and conduct in-depth research on the contents and principles the parent-childrelationship of presumption and denial system.According to China’s national conditions, methods and historical comparative study,through the comparison of the views of scholars and different national legislative provisions,the parent-child relationship presumption in mainland of China and denial system proposedlegislation suggestions, and general elements to further refine the presumption and denialsystem. The main content of this paper includes parent-child relationship presumed naturalfertility condition and denied paternity presumption system and artificial growth conditionsand denial system. In the fifth part of the article, the author will give suggestions of legislationabout parent-child relationship in our country presumption and denial system.