A Study On The System Of Establishment Of Parent-child Relationship In Chinese Mainland

The parent-child relationship is an important part of the marriage and family law.In China, with economic and social development, people's living standard is increasing day by day, and people's marriage concept also gradually changed,so people's attitude to premarital sex and extramarital sex by conservative shift to open, resulting in children born out of wedlock increasing.In addition, with the increasing number of couples infertility, the couples that use the modern reproductive technology to produce children are more and more,so the legal status of the children of artificial insemination is also getting more and more attention.But our country has not established the system of parent-child relationship, leading to these problems can not be based on.The long-term lack of the system of parent-child relationship and the increasing economic status of China, the actual life of the parents and their children are not in line with the need to adjust. Through on parent-child relationships established system of inspection and evaluation, and to adapt to the construction and the situation of our country,this article's purpose is to propose the parent-child relationship established system, in order to better protect the interests of children, maintaining family stability and social harmony.This article is more than 3 thousand words and be divided into four parts except the introduction and thanks:The first part:the basic theory of parent-child relationship establishing system.This part includes the historical evolution of the establishment of the system of parent-child relationship, the basic content of the system of parent-child relationship, the significance of establishing the system of parent-child relationship in three parts.The historical evolution of the establishment of parent-child relationship is divided into four stages:the period of paternity, the period of paternity, the period of parental rights, the four stages of parental responsibility, and its characteristics are different in various periods.Parent-child relationship establishing contents of the system include the presumption of children born in wedlock children and deny, the illegitimate child claim, and artificial birth children parent-child relationship established.The significance of establishing the system of parent-child relationship includes theoretical and practical significance.The second part:an overview and comparative analysis of the establishment of the foreign relationship between family and children.This part contains three parts:foreign natural consanguinity parent-child relationship establishing system, were children's parent-child relationship establishing system, and extraterritorial parent-child relationship establishing system comparative analysis.Firstly, it talks about the main content of parent-child relationship in France, Germany, Ethiopia, the United States, Taiwan area of our country, and then compares the content of the evaluation system of the parent-child relationship established, in order to draw lessons from its reasonable place, and lay a foundation for parent-child relationship establishment system in China.The third part:the legislative status and problems of parent-child relationship in Chinese mainland.This part includes the legislative status of the establishment of parent-child relationship in our country and the establishment of parent-child relationship in our country. First of all, this paper introduces the current situation of the establishment of parent-child relationship in Chinese mainland, and then points out the lack of the establishment of parent-child relationship in our country, which lays a foundation for the legislative proposals of the establishment of parent-child relationship in Chinese mainland.The fourth part:the legislative proposals of establishing the system of parent-child relationship.This part includes the basic principle of establishing the system of parent-child relationship and the specific system design of the establishment of the relationship. According to the above situation, it proposes the basic principles of parent-child relationship established system that should stick to, and combines with the reality of our country national condition and outside advanced legislation experience to put forward the legislative Suggestions of related system in the parent-child relationship and deny artificial children, children's claim, the parent-child relationships, etc,in order to better protect the legitimate rights and interests of minors, maintaining family stability and social harmony.