Research On Spoliation Of Evidence In Parent-Child Relationship Lawsuit

With the development of society, there is an increasing number of people having extramarital sex or cohabiting without marriage, which results in the growth in the number of parent-child relationship lawsuits. Such cases not only involve the private interest between the parties, but also have a huge impact on social benefit. In the trial practice dealing with the parent-child relationship, how to correctly handle the issue of spoliation of evidence is the key and difficulty to properly solve this kind of disputes. However, our country’s legislation and regulation on this issue are too principle, unable to meet the demands of the real practice, which is exactly the problem studied in this paper.The first part of the paper mainly discusses the definition of spoliation of evidence in the parent-child relationship lawsuit as well as the urgency and importance of formulating the rules of spoliation of evidence in dealing with the parent-child relationship lawsuit. The second part elaborates on the constitutive requirements of spoliation of evidence in the parent-child relationship lawsuit from four major aspects including subject, object, subjectivity and objectivity, laying the foundation for formulating rules dealing with the spoliation of evidence in the parent-child relationship lawsuit. The third part focuses on the comparison between representative countries of the two law systems and Taiwan are of China in the legislation contents concerning spoliation of evidence in parent-child relationship lawsuit, aiming to summarize their legislation principles and characteristics of specific regulations so as to provide reference for the legislation in our country. The fourth part puts forward measures to handle the issue of spoliation of evidence in parent-child relationship lawsuit. Firstly, in dealing with the issue of spoliation of evidence in parent-child relationship lawsuit, the interests of the minor children should enjoy maximum protection. At the same time, the two basic principles, the stability of identity and the truthfulness of blood relationship, should also be taken into account. Secondly, the introduction of evidence-assisting obligation will specify the basic reasons the obligor should provide for refusing to fulfill the obligation of paternity test as well as the legal responsibility the obligor should take for committing the evidence-spoiling behavior. Finally. some relevant judicial suggestions are offered to properly handle the issue of spoliation of evidence in the parent-child relationship lawsuit.