Research On The Guardianship Of Illegitimate Children

Nowadays,with the rapid development of economy,politics,science,culture,ideology and other fields,the concept of marriage,love and reproduction is becoming more internationalized with the integration of globalization.Some values of marriage and love,such as sexual liberation,hedonism and unmarried doctrine,in Western countries,are increasingly affecting people's lives in todaay's domestic society.Based on this,the illegitimate children has begun to enter people's vision,and the number of this group is increasing every year.As a vulnerable group,the minor illegitimate children have many cases in practice,which show that their guardianship interests are difficult to be guaranteed,and they need the attention of the society and the improvement of the law urgently.This article is divided into four chapters:Chapter 1 clarifies the concept of illegitimate children and analyses the reasons for the emergence of illegitimate children;Chapter 2 analyses the current situation of the guardianship system and guardianship of illegitimate children in China;Chapter 3 analyses the relevant provisions of the guardianship system abroad and the reference significance of foreign legislation to China;Chapter 4 puts forward the need for guardianship of illegitimate children in China.Suggestions on how to improve the problem mainly include four aspects:First,improve the system of recognition and correction.Whether it is voluntary or compulsory claim in the claim,the marriage and declaration of the right in the future,these are the premise to solve the guardianship of illegitimate children in our country,the important system to determine the relationshmp between parents and children,which need to be clearly stipulated and perfected in our law.Through the analysis of certification and correction,it is suggested that the combination of recognition and correction can effectively avoid the empty talk that the rights of children born out of wedlock are equal to those of children born in wedlock.Second,Mainly from two aspects of guardianship supervision and state guardianship to discuss.At the level of guardianship and supervision,it is suggested to establish daily supervisory organs,file and register the guardianship of children born out of wedlock,and follow up the situation in real time;to establish a supervisory and evaluation system to safeguard their legitimate rights and interests from the vital interests of children born out of wedlock;and to stipulate compulsory reporting obligations,which are strengthened on the basis of general reporting obligations,and are performed by specific organs and their staff to enforce these opportunities.Institutions and personnel must always be concerned about the realization of guardianship rights and interests of children born out of wedlock.At the national guardianship level,the principle of maximizing the interests of children should be penetrated into all laws,and how to start and implement the national guardianship is discussed.Third,standardize the implementation of the legal system.A good system should not be confined to legal texts,but should be implemented.No matter how perfect the system is,it will be worthless to implement unfavourably.Therefore,from the judicial level,in the face of the absence or damage of guardianship rights and interests of illegitimate children,the judicial organs should start with the principle of maximizing the interests of children,strictly implement the relevant legal system,and create a fair and just atmosphere for the realization of guardianship rights and interests of illegitimate children.Fourth,we should form a social resultant force.The construction of socialist rule of law with Chinese characteristics should start with safeguarding the interests of vulnerable groups.As a relatively important vulnerable group,it is the responsibility and obligation of the whole society to safeguard their guardianship rights and interests.Therefore,we should actively promote the transformation of social concepts,reduce discrimination against children born out of wedlock,continue to increase the role of schools in safeguarding the guardianship rights and interests of children born out of wedlock,strengthen psychological guidance for illegitimate children,and protect their physical and mental health from outside to inside.