Study Of Obstruction Of Evidence In The Action Of Paternity Confirmmation

The advanced DNA technical identification provides convenient conditions for affirming the facts of the case concerning paternity confirmation and the highly accurate technique has an essential effect on the affirmation of the facts of case.Owing to this,the defendant often refuses to assist the paternity test.It is obvious that the defendant's refusal constitutes the obstruction of evidence in civil litigation.However,these cases are special and the solutions that apply the theory of obstruction of evidence are different from the acts of obstruction of evidence in ordinary civil ones.Foreign countries with advanced rule of law have already realized this issue and explicitly provided the obligation of assisting evidence in paternity test,the specific measures to guarantee the fulfillment of the obligation and the effect of legal application to obstruction of evidence in relevant legal systems.With the emergency of this issue in judicial practice of our country,it is feasible to modify civil procedural law and issue relevant judicial interpretations to solve it.It is a pity that there are no adequate contents in existing laws and regulations which need to be improved.As to legislation,the scope of subjects which the obstruction of evidence can be applied to should be extended and the prerequisite conditions for application should be regulated specifically.Meanwhile,the measures for guaranteeing the fulfillment of the obligation to assist paternity test should be taken and the effect of applying law to the obstruction of evidence in the litigation of paternity confirmation should be optimized.As to judicial practice,the values and specific measures for the judge to hold in trying these cases should be explicitly defined.The author hopes to be helpful to solve these cases by improving relevant legislation.