Research On Veriifcation Of Parental Relationship

Parent-child relationship is one of the marriage law adjusting family relations, is thepremise to clear the rights and obligations between parents and children. But in recent years,due to the complex phenomenon exists generally, men and women relation in parent-childrelationship category is various, even it is difficult to confirm, confirm the parent-childrelationship disputes often occur, seriously affect the stability of the family relationships, thehealthy growth of children’s personal, and social harmony. In the face of these problems, howto identify legal issues of the parent-child relationship should not be ignored. The regulationof our country at present about parent-child relationship confirmation system is only a fewguidelines and judicial interpretation. Even for some problems, both in the legislative andjudicial level, is a blank. In this paper, through the comparative analysis, empirical analysismethod of examining outside law and combining the actual situation in our country, illustratethe defects of laws in our country, summarizes the parent-child relationship should follow theprinciple of litigation of, formulation of specific rules on several problems, put forwardSuggestions to the improvement of the system of parent-child relationship to confirm. Unifiedapplicable law, to guide the judicial practice. This article is divided into three parts.The first part is the parent-child relationship and confirm the system overview, has beenclear about the parent-child relationship to confirm some of the basic concepts, basic content.The first section defines the meaning of the parent-child relationship and to distinguish itstype; The second section is the definition and meaning of parent-child relationshipconfirmation system, in this section of the content of the parent-child relationshipconfirmation system are analyzed, and expounds the value of parent-child relationshipconfirmation system.The second part introduces the legislative and judicial status quo of our country systemof parent-child relationship to confirm. From two aspects of theory and practice the problemsexisting at present in China are reviewed. The first part to the legislative status quo ofparent-child relationship confirmation system in China are introduced, and the existingproblems are analyzed. First introduced the parent-child relationship in our country in thesecond quarter to confirm several typical cases in judicial practice, and then through the case analysis of the existing problems.The third part is to perfect our system of the parent-child relationship to confirm.Section1first has been clear about the parent-child relationship to confirm system legislativeconcept and legislative mode; Parent-child relationship confirmation system is to improve thechildren born in wedlock in the second quarter, no presumption system is divided intochildren born in wedlock and children born in wedlock system; The third section is perfectwedlock parent-child relationship confirmation system, including the exact wedlock withclaimed two system; In the fourth quarter is system of parent-child relationship confirm otherperfect the related system, mainly for three typical problems in the judicial practice areanalyzed and demonstrated, including parent-child relationship confirmation litigation ofburden of proof, paternity test and its conclusion and fraudulent raising damages shall apply.