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Legal Reflection On Determined The Parent-Child Relationship

Posted on:2014-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:P P ChenFull Text:PDF
GTID:2266330422465193Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Article II of Interpretation (III)of the Marriage Law stipulate the case of couple requestconfirmation of parent-child relationship exists or does not exist in the court which wasformally promulgated on July4,2011. The simple provision obviously does not show thewhole picture of the parent-child relationship determine system and it did not mentioned thebest interests of minor children and possession of status which occupies a pivotal position inparent-child relationship determine system.Then,there comes a series of questions.does theArticle II of Interpretation (III)of the Marriage Law sufficient to deal with the current possibleof parent-child relationship determine litigation?How does extraterritorial law constructed theparent-child relationship determine system?How to protect the interests of minor children andstable possession of status during the parent-child relationship determine litigation? Thepurpose of this paper is to access academic articles and investigate extraterritorial law, make afew superficial recommendations to perfection parent-child relationship determine system inour country.The first part of this paper to explore the history of parent-child relationship determinesystem, clarify the context of the development of the system and understand the law ofdevelopment of the system.The second part of this paper investigate mature legislation of parent-child relationshipdetermine system in several typical countries and regions to summed up reference design ofthe parent-child relationship determine system in our country.The third part focuses on two important principles in the parent-child relationshipdetermine system: best interests of minor children and protect possession of status. These twoprinciples are the basic principles of parent-child relationship determine system, purpose ofwriting this part is to explore their meaning, so that it can better guide the improvement ofparent-child relationship determine system in our country.The fourth part is based on the analysis of Article II of Interpretation (III)of the MarriageLaw, pointed out its shortcomings, and also put forward a few suggestions for improvement.
Keywords/Search Tags:Parent-Child Relationship Determine, Paternity Test, Best Interests ofMinor Children, Possession of Status
PDF Full Text Request
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