Research Of The Denial Litigation Of Parent-child Relationship

The denial Litigation of Parent-child Relationship is as an important proceeding in the personnel litigation,in which there are many actual cases. However the understanding of such knowledge is still under developed, the Marriage Law of PRC does not have any regulations against the procedure. Even though our country has been regulating the problem of the denial of parent-child relationship through promulgating a few series of written reply and the demonstration of judicature over the year of legislation. But in reality,there are some loopholes of its regulation which makes the judicial procedure difficult to perform.The title of the article is called“Research of the Denial Litigation of Parent-child Relationship” by using the theory of Civil Procedure Law,and referring to the outside of the litigant procedure legislation, to discuss the jurisdiction, the parties to the eligibility, the right of veto to exercise the statutory basis and discussed the application of the paternity test and the statute of limitations, and puts forward the application of the litigation of denied to children born in wedlock.This paper except the introduction and conclusion, the text is divided into four parts, a total of more than 27000 words.The first part is the overview of the denial litigation of parent-child relationship.This part is focusing on illustrating the litigation of the denial of parent-child relationship,and the standard of presumption regarding the parent-child relationship which can provide the basis of legitimate structure.The second part is the nature of the denial of parent-child relationship. By comparing the series of confirmed suit and the series of reformed suit combined the nature of denial authority the advantages of the case and the judicial effect to analysis. Finally we have the conclusion of the nature of the denial litigation of parent-child relationship.The third part is about overseas structural regulation of the denial litigation of parent-child relationship. The author demonstrates though Japan France Germany Swiss and Taiwan of China about the assumption of the denial parent-child relationship, according to the capacity to be a party, the right of veto's statutory circumstances, the use of the application of paternity test and the demolish of the right of veto's regulations, which provide the guidance of the denial parent-child relationship.The last part is regarding the demonstration of the procedure of the denial parent-child relationship. The jurisdiction over the identified of the denial parent-child relationship, the range of the right of veto, the statutory circumstance of the right of veto, the regulation of the paternity test, the limitation of action, which can illustrate and provide lawful suggestion for the future cases of the denial parent-child relationship.