Synthesis Of The Protection Of Rights Of Illegitimate Children On Public Law

With the change of marriage view,more and more illegitimate children appeared in China.At present,the protective provisions of the rights and interests of illegitimate children in our country are carried out from public law and private law.However,due to the protection of private law is comparatively adequate,and there are many academic researches on this aspect.The article selects the aspect of the public law,from this point of view,to discuss the absence or imperfection of relevant provisions.It was found that the legal provisions,lacking concrete provisions on public law,cannot satisfy the protection of the rights and interests of illegitimate children,and even cause infringement to them.This article focuses on the two prominent issues in current life of illegitimate children and puts forward relevant suggestion.The first problem is that it is inconvenient for illegitimate children to get a household registration on account of unspecific provisions.But it is important for everyone to get a household,which provides the premise of enjoying the basic rights of citizen.The second problem is,because of the administrations unreasonably collect abundant social maintenance fee from the parents of illegitimate children,that the parents of illegitimate children are faced with financial pressure,which infringes the property rights of the parents and affects the spending of raising the illegitimate children.For the first one,the major measures for relevant departments to solve the problem are,under the precondition of without any prepositional procedure during the process of registration,improving the regulation of birth certificate and coordinating the work of the related administrations.For the second problem,based on the fundamental theory of social maintenance fee,the article think that the illegitimate children as the objects of social maintenance fee should be the person who give birth to the illegitimate children leading to the number of his or her children over the stipulation allowed.For the unreasonable stipulation of social maintenance fee,the article suggests the regulation about the standard and payment method need to be modified,which will relieve the financial stress of the parents ofillegitimate children and indirectly increase the maintenance of illegitimate children to improve his or her living standards.In other words,reasonable stipulation of social maintenance fee reduce the infringement of the rights and interests of illegitimate children and guarantee the right of the basic survival and development of illegitimate children.