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Study On The Conflicts Of Rights In Paternity Test

Posted on:2020-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:X JiangFull Text:PDF
GTID:2416330602461640Subject:Science of Law
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Conflict of rights has always been a hot topic in the field of jurisprudence.Especially since the 20th century,with the development of society,various new rights have been born and greatly enriched our social life.However,it should not be ignored that various rights conflicts are constantly arising and disputes are also increasing.The emergence of DNA paternity test technology makes us feel the power of science and technology,but paternity test is also a double-edged sword,which brings convenience but also brings a lot of disputes.Although many scholars have conducted in-depth research on paternity test,most of them focus on the direction of departmental law,such as civil law and criminal law.Here I want to through the conflict of rights on the jurisprudence theory to analyzes the legal relation of paternity,clarify the main body of rights and rights in the process of exercise if you have any conflict with other subject right and then analysis the reason of right conflicts in paternity test,including the legal reasons and social values of the reasons behind,find a solution to the conflict of rights through these analysis,so as to improve the legislation.When using the theory of right conflict to solve the problems in paternity test,we need to study the theory of right conflict first.In this paper,the introduction to the conflict of rights mainly includes two parts:first,the definition of the conflict of rights,many scholars have defined the conflict of rights,but there are still many disputes;The second is the reason of the conflict of rights,including the legal reason and the social reason behind such as the value idea reason.Only on the basis of fully understanding the theory of conflict of rights in jurisprudence can the theory be used to solve practical problems in real life.The specific right conflict in paternity test includes not only the conflict of personal right between two subjects,but also the conflict of property right between two subjects and the conflict of personal right and property right.In terms of the subject of rights,there are not only rights conflicts between husband and wife,but also rights conflicts between parents and children.By deeply exploring the specific right conflicts in paternity testing,the author lays a foundation for the following analysis on the causes,nature and solutions of the conflicts.As for the causes of the right conflict in paternity test,they include not only the legislative technical reasons,but also the social concepts and values.At the legal level,it is mainly due to the unprofessional and subtle legislation technology and language restrictions that the conflicts in paternity testing cannot be solved.In terms of social concept and value,it is mainly reflected in the collision between traditional male power thought and modern male and female equal power thought,as well as the collision between traditional family blood relationship truism family view and modern concept of family stability.Then,by analyzing the causes and essence of the rights conflict in paternity testing,based on the full understanding of the theory of rights conflict,and according to the principle of right conflict control,the solutions are given.Second,establish the rank of right;Third,using the theory of fair limitation,both sides make some concessions to restrict each other's rights.DNA paternity test technology is the product of high development of science and technology and social civilization,but this developed technology also brings problems,we can not sit idly by and ignore it,we need to guide it correctly through the law,so as to give full play to its social benefits.
Keywords/Search Tags:conflicts of rights, paternity test, the principle of equitable limitation, rights rank
PDF Full Text Request
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