The Study On Parent-child Relationship Confirmation

The parent-child relationship confirmation is the core problem of parentage law.It isalso the premise of guardianship, fosterage and inheritance. The parent-child relationship isone of the most basic survival relationships of people. With the occurrence of extramaritalsex, rape, adultery and baby taken by mistake, the issue of parent-child relationshipconfirmation has become increasingly prominent. However, the construction of the system toconfirm the parent-child relationship is a long-term gap in our marriage law legislation. Theapplication in court cases in judicial practice is currently in urgent need of norms.How to construct the system of parent-child relationship confirmation in China? Inessence, it is to combine the national conditions with the advanced international legislation,make the principle of best interests to the child as the primary principle, balance the twoparentage law fundamental principles of true kinship and identity stabili ty, take the equalityof parental rights to protect child and reproductive rights between men and women intoaccount.The parent-child relationship lawsuit belongs to personal status relationship lawsuit. It isessentially kind of identity in litigation proceedings, though the blood relationship is thebasis of facts. The marriage law of our country takes more weights in rights and obligationsregulation between parent and child, while the parent-child relationship confirmation systemis far away from perfection. Many disputes could not be solved with only the application ofexisting judicial interpretation by the Supreme People’s Court and the reply of individualcases. It is not difficult to see from the provision of Article II in marriage law interpretati on(three) that the present legislation of our country has provided the evidence rule of denial ofthe appeal by children born in wedlock and relationship identify of the appeal by childrenborn out of wedlock, meaning an ice-breaking move into legislation of parent-childrelationship confirmation system. On the other hand, this interpretation, being coarse andunreasonable in its content, still does not involve the content of substantive law ofparent-child relationship presumption. Therefore, to construct the parent-child relationshipconfirmation system is a need in judicial practice and social life of our country. The system ofparent-child relationship presumption originated in Roman law, and has been established inseveral countries. As mainstream values of the times change, the system has also undergonemany changes.We can refer to Germany, the United States, Ethiopia and other countries in our legislation on the basis of the relevant provisions of Article II in Marriage Law interpretation(three) to establish the fundamental principles of parent-child relationship confirmationsystem, while innovate institution, improve legislation and strengthen supporting to designour legislation systematically.