Research On The Parent-child Relationship Establishing System

Now, parent-child relationship establishing system occupies a important status in marriage and family law system, but it is in a state of loss in our country’s legal system, which absolutely will affect the legal practice in the future. In the view of the fact that, this article will take the parent-child relationship as a starting point, parent-child relationship establishing system to the end, by analyzing the status of domestic legislation and legal practice, comparing foreign excellent legislation achievement, finally combining with the national conditions of our country, then put forward the concrete legislative suggestions of the establishment of the parent-child relationship establishing system, so as to perfect the content of the future civil code.From the view of the whole structure, this article is divided into four chapters. And the first chapter mainly elaborates conceptual content in the parent-child relationship establishing system, including the concept of parent-child relationship and the cancellation of "legitimate children" and "illegitimate children", which lead to the significance of parent-child establishing relationship and set a firm base for the legislative suggestions below. At the meantime, describes China’s current status in the lawmaking of parent-child relationship establishing and the legal practice in the society, points out there are no specific confirm parent-child relationship system in our law system, but has a similar approach in practice, what we should do is put together those laws and regulations and add then into the parent-child relationship establishing system. The author tries to analyze the deficiency of the legislation and legal practice, provide sufficient reasons to the future legislation. The second chapter is mainly devoted to the analysis the foreign law, including the mainland legal system countries such as France, Germany and Britain and the United States of the two typical countries of Anglo-American law system about the lawmaking of parent-child relationship establishing, and through the comparison, find out the essence cf those law and then provide to the future legislation of our country. The third chapter is mainly on the basis of former three chapters, to make confirm specific analysis of our country in building the parent-child establishing relationship, to set out the necessity and feasibility of setting up this system. The fourth chapter emphasizes the establishment of suggestions of parent-child relationship establishing system which fully adapt to the situation of our country, including the parent-child relationship presumption, the parent-child relationship disaffirmation, the voluntary claim and mandatory claim, and there are the detailed legislative reasons behind each legislative suggestion. The author hopes to contribute a little power to set up the parent-child relationship establishing system in China by this article.