An Analysis On Dispute Between Guan Moubing And Guan Moujia Over Parent-child Relationship

With the development of society,people's thoughts are becoming more and more open,family marriages and parent-child relationships are becoming more and more complicated.Accompanied by more and more civil disputes about marriage and family relations,Parent-child relationship disputes become one of the difficulties and doubts.Dispute The case between Guan Moubing and Guan Moujia,Guan Mouyi,Wang Moumou Over Marriage and Family Inheritanceparent-child relationship dispute.The focus of the case's core controversy is whether the Guan Moubing has a biological relationship with the Guan mouding,and one of them refused to do paternity test how to use the relevant provisions.First,the parent-child relationship confirms the suitability of the parties in the matter.China's "Civil Law" and "Civil Procedure Law" did not make legal provisions on the parties in the litigation of parent-child relationship.Only Article 2 of the Judicial Interpretation(3)of the Marriage Law had a vague provision,and therefore the parties to the affirmation of the parent-child relationship The purpose of the expansion of the interpretation,that is,the right to bring the parent-child relationship confirmation of the plaintiff is the child's mother or other legal agents and children,so the plaintiff officer is a qualified party.Second,the definition of "necessary evidence" for the presumption of parent-child relationship.The plaintiffs"necessary evidence" requires that the indirect evidence it provides can create a reasonable chain of evidence that will give the judge a positive assurance that the evidence is highly substantiated,that the evidence provided by the plaintiff and other objective facts To achieve the proof of the standard,that is,the plaintiff Guan Moubing complete the burden of proof.Finally,the issue of accreditation of the obligation to identify.The subject has the obligation to identify the assistance,the main body of the parties,including litigants and third parties,without disclaimer to refuse to fulfill the obligation to assist the paternity test should bear adverse legal consequences,generally "direct","indirect" "No enforcement" three practices,although China has not made clear on the identification of assistance obligations,but "Marriage Law Interpretation(c)" Article 2 of the actual establishment of the "indirect mandatory" legislative model.Guan mouyi Shall have the legal consequences of the identification of the obligation to assist and the lack of authorization.