Researching Of Parent-child Relationship Confirmation System

The parent-child relationship is the core of the marriage and family relations,parent-child system is an important part of the family system. The current law doesnot establish a clear parent-child relationships confirm the system, but the reality onparent-child relations confirm disputes so that we have to be concerned about thisissue. New introduction of the Marriage Law of judicial interpretation (c) recognizedparent-child relationship to make specific provisions to make up for the lack oflegislation. However, the general system design and fuzziness, causing manydifficulties in the application. Of this article is to proceed from the history of thesystem and introduce parent-child relationship is confirmed type, turn to a criticalanalysis of parent-child relationships confirmation system, to analyze the currentsituation and inadequacies, and finally put forward the recommendations ofparent-child relationship Confirmation System in order to lead the jade cross.This article consists of four parts, a total of about22,000words.Part I: The main content is the typical case of the action of confirmation bymeans of two children born out of wedlock and children born in wedlock denyintroduced controversial analysis of the case.Part II: the parent-child relationship recognized system overview. This sectionfirst to define the concept of this paper is to discuss the parent-child relationship andthe parent-child relationship confirmation confirm the history of the system of theparent-child relationship, and then from the two aspects of the confirmation systemand domestic foreign parent-child relationship parent-child relationship ConfirmationSystem introduced, then introduces the parent-child relationship confirm the type ofsystem, including the presumption and denial of legitimate children born out ofwedlock unclaimed and quasi positive confirmation of three types of artificial birth tochildren parent-child relationship, the parent-child relationship confirm the specificcontent of the system in detail. Part III: the parent-child relationship in China confirmed that the system ofassessment. This section is divided into two parts, the first part is the introduction ofthe existing parent-child relationship recognition system, from the point of view of thebasic laws and judicial interpretations confirm introduction of the parent-childrelationship system, for example, the current "Civil Law","confirm the provisions ofthe system of the parent-child relationship; Marriage Law "," law on the Protection ofminors "," Marriage Law judicial interpretation c "and the second part on the basis ofthe first part, the first from the point of view of the legislative system to confirmcurrent parent-child relationship the system of assessment, the system then recognizedfrom a specific parent-child relationship: parent-child relationship deny theinadequacies of the two aspects of the system and the parent-child relationshipbetween the claimed system Comments on the existing parent-child relationship toconfirm the system.Part IV: the parent-child relationship in China confirmed the Perfection of thesystem. This section first proceed from the principles recognized in the parent-childrelationship, the principle of the best interests of the minor children recognized in theparent-child relationship, of kinship true identity and stability of the three principlesof balance principle and the principle of fairness as a guide, then from the legislativesystem and the parent-child relationship Denial System, the parent-child relationshipbetween the claimed system put forward recommendations to the confirmation systemof the parent-child relationship in China.