| The rapid development of social economy exerts a subtle influence on people’s ideas and concepts,and people’s concepts of marriage and family also change accordingly.The number of cases of parent-child relationship disputes arising from this change is also increasing.Article 2 of the Supreme People’s Court’s Interpretation of Certain Questions concerning the Application of the Marriage Law of the People’s Republic of China(hereinafter referred to as the Marriage Law Interpretation(3)),which came into force on 13 August 2011,establishes the principle of presumption of paternity and,to some extent,provides the legislative basis for resolving the factual determination of paternity,but there are still shortcomings in this article,which leads to the application of this article by referees Circumference,preconditions and subject scope of the issues of their own views,so that in practice often appear the phenomenon of different judgments of the same case.The idea of self-protection and seeking advantages and disadvantages,whether there is a problem of proving the difficulty of one party claiming the right or the act of proving the hindrance of the other party responding to the lawsuit,will prevent the court from ascertaining the facts of the case,thus affecting the fair trial of the case and harming the legitimate rights and interests of one party and their children.Based on the theory of proof of hindrance and guided by the logical thinking and legal effect of the principle of presumption of parent-child relationship,the referee can correctly apply the presumption of parent-child relationship and parent-child relationship when dealing with the determination of parent-child relationship Relationship identification,reasonable allocation of the procedural rights and obligations of the parties;in the legal regulation,through the regulation of paternity testing cooperation obligations,regulation of paternity litigation proof obstruction behavior,so it is very important to build a perfect paternity presumption system.In order to solve the above problems more reasonably,this paper discusses from four parts in combination with trial practice,first of all,it explains the concept of proof of hindrance in parent-child relationship litigation,then analyzes several elements of proof of hindrance in parent-child relationship litigation,then combines the present situation and existing problems of proof of hindrance in parent-child relationship litigation in China,and then deeply analyzes it,finally combines parent-child relationship litigation The particularity of litigation and its value orientation,put forward feasible solutions,in order to safeguard the rights of the parties,especially the relatively weak parties,especially the interests of minor children,as far as possible to ensure the relative fairness of the decision,and to maintain the credibility of the judiciary.Considering the particularity of parent-child relationship litigation and its value orientation,this paper discusses and analyzes from two aspects of theory and practice,and puts forward some suggestions that the legal effect of proving hindrance in parent-child relationship litigation should be applied separately or comprehensively according to different types of cases.It is the innovation of this article that sanctions means to promote the proceeding of the proceedings and to embody the authority of the judiciary. |
