Research On The System Of Illegitimate-child Claim

As the diversification of people life style and life concept,China's marriage law and the related specification have made a lot of adjustment and changes to meet the present need of judicial practice. But the contradiction is more and more prominent between the increase of the illegitimate children and supporting system, this means that validation system of parenthood which is relatively perfect in other countries should be perfected relatively. The third interpretations to marriage law that Supreme People's Court made in 2011, firstly adds a blank of our country's protection to illegitimate children in identification right. But because of the defects of the regulation above in qualification of the subject of action, evidence and claims, the regulation have many defects in protection to illegitimate children. It's need to build a direct validation system of parenthood in our country. In the validation system of parenthood, Illegitimate child claim system is very important. The illegitimate child claim system means that the parents of illegitimate children can validate the parenthood by their voluntary act and illegitimate children can force their parents to claim the blood relationship between them.In this paper, by comparing the illegitimate child claim systems of other countries all over the world and analyzing the legislative background and experience in their legislative process, I want to show the necessity and feasibility of the illegitimate child claim system and analyze how to build the illegitimate child claim system in our country. The first part of this paper focuses on introducing the basic conception and great meanings to build the illegitimate child claim system. In the second part of this paper, I want to analyze the implication of the illegitimate child claim system by comparing the illegitimate child claim systems of other countries all over the world. In the third part of this paper, I want to analyze the judicial practice problems of the regulation that the third interpretations to marriage law made. In the fourth part of this paper, I put forward the legislative attitude and recommendation to our country's illegitimate child claim system. In the end, as the current validation system of parenthood is still not perfect, to build the illegitimate child claim system whose main content is voluntary claim and compulsive claim, we should keep the title of the illegitimate child. Besides, we should lay the foundation of the perfect validation system of parenthood by solve the problems of juridical practice. Only in this way, we can promote the construction of legal system of our country and keep the stability and development of our family and society.