| In recent years,with the development of science and technology,the number of people who use the technology of AID constantly increase,as well as the number of the legal issues cased by it.However,in China,there are too few researches on Artificial Insemination by donor,and most of these researches are about the natural science or the medical science.Therefore,this article attempts to study the related issues of the artificial insemination by donor in the divorce cases,from the legal perspective.This article cites a case of divorce caused by AID,and summarizes the three controversial central issues.The purpose of this article is to grasp the three standards which are closely related to this case,through the analysis of the three controversial central issues.This article believes the study value of the case is that,this case is a microcosm of a sort of legal issues caused by the AID in this society.And through the analysis of this case,we can learn and master the cognizance methods of the relevant standards cased by AID.This article can be divided into four chapters and a summary.The first chapter introduces the passage and judgment of the case cited in this article,and concludes three main controversial central issues.The second chapter introduces the cognizance standards of the incompatibility in our courts,then analyzes this case with these standards.The third chapter introduces the regulations on compensation of mental damage in the Chinese laws;then on this basis,this article uses the case to analyze the legal issues on compensation of mental damage caused by AID.The third chapter analyzes the identification between the boy and the plaintiff,as well as two situations which are similar to this case.These analyses show that,the identification of AID children,who were born in the period of existent marriages,should be distinguished by different situations.In the last part,this article delivers a comprehensive and brief summary to the full paper. |
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