Research On Presumption And Denial Of Legitimate Children

System of presumption and denial of legitimate children is not clearly defined in our legislation, but in our country there is necessity and feasibility to build it, because when a dispute related to this system happened in the judicial practice, the judiciary solve the problems only by judicial interpretation of the Supreme Court on the "Marriage Law", leading to the bad impact of legal justice and solemnity, which meets the real needs of the presumption and denial of legitimate children. Secondly, due to the parenthood cases occur frequently, people will pay more attention to the stability of marriage and pure blood, moreover, protecting the rights and interests of children and parents is our requests, in order to improve our law, so building this system in our country is necessary. In addition, the relevant judicial interpretation of the Supreme Court on the "Marriage Law" and extraterritorial legislation show that building this system in our country is feasible. First, this paper analyzes two typical cases, then propose the related disputes about this system, whether it is necessary to establish presumption of legitimate children and whether paternity privately can be the reason of denial of legitimate children. Then we know that it is necessary to establish presumption and denial of legitimate children. In addition to, Foreign countries have regulations regarding this system, so analyzes the basic theory and the relevant provisions of extraterritorial legislation combined with the practice of the presumption of legitimate children in judicial practice in our country, so carry out the standard of the presumption of legitimate children in our country. Then analyzes the construction of denial of legitimate children, first, analyze the relevant systems in the extraterritorial law, this section mainly analyzes the different reasons for denying the right, the scope and limits of the people who have rights. The limits of the people who have this rights contain two parts, the restrictions of elimination on denial of legitimate children and limitations of procedure on denial of legitimate children. Through the different state regulations, we can discard the dross and select the essential of the above system, and to sum up China’s system of presumption and denial of legitimate children. Due to the establishment of this system have some inevitable defects, so propose the supporting system of presumption and denial of legitimate children, such as father claim system and fraudulent dependency costs return system.