Study On The Preservation Of Parental Behavior Matters

With the implementation of the new "Civil Procedure Law",the issue of behavior preservation has become a frontier issue in the judicial practice.In matters of parental rights,parental abuse of parental rights,not the interests of the minor damage,or the third person to paternity testing of occurrence of unlawful infringement,parental authority shall get some relief.And the court before the trial of paternity matters,how to make is suffering from abuse of parental authority to return to a normal state relates to paternity matters act preservation.For paternity matters of the trial,the court applied flexible means or sermons,etc.to be stopped,and not to damage the paternity of behavior plays a fundamental role,this paper to act preservation system as the research object,investigate paternity matters of act preservation,hope to this kind of case provide effective judicial relief.This article is divided into four parts.The basic theory of the first part paternity matters act preservation system,the concept of paternity matters of preservation of act,paternity matters of preservation of act to follow the idea,as well as the function of paternity matters act preservation system.The second part of our country paternity matters related behavior preservation system present situation analysis,discussion on relevant legislation of paternity matters of preservation of act,and through empirical research to clarify judicial practice of parental behavior matters preservation of specific practices.The third part paternity matters behavior preservation system of extraterritorial investigation,comparative study of Anglo American law system and continental law system in the related legislative and judicial situation,to explore the parental rights in our country matters act preservation system of reference.In the fourth chapter,improve China's paternity matters act preservation system envisaged in the legislation,put forward a clear start mode and application requirements,establish the concept of litigation and litigation jurisdiction,the prescribed form and substantive examination standard,the applicant applies to guarantee and exception,perfect preservation measures,rectification of preservation procedure aspect,has the practical and operability.