Study On Legal Protection Of Rights And Interests Of Illegitimate Children

Nowadays,with the development of the times,people’s concept of marriage and childbearing has changed.The desire for marriage and the decrease of loyalty have led to the phenomenon of children born out of wedlock becoming more and more common.In order to maintain social stability,the establishment of the legal status of children born out of wedlock and the protection of their rights and interests have gradually become the focus of the legislation of the current relative law.In the legislation of many countries in the world,the principle of the best interests of the child is taken as the guidance,and special protection system is provided for children born out of wedlock in the parent-child legislation.In contrast,in the legislative and judicial practice,the protection of the legal rights and interests of children born out of wedlock in China has also achieved remarkable results,establishing the equal legal status of children born out of wedlock and children born in wedlock,which is more advanced in the world.However,in practice,the rights and interests of children born out of wedlock are still facing varying degrees of damage,and there are many disputes about children born out of wedlock every year,There are also problems in the process of law application and judgment execution.Therefore,the protection of illegitimate children in China needs to be strengthened.In addition to the introduction,this paper includes five chaptersThe first chapter starts with the concept of illegitimate children and the historical change of their legal status.It reveals the evolution of illegitimate children’s status from children without parents to formal equality and then to substantive equality,as well as the development trend of legislation for the protection of illegitimate children.It also introduces several kinds of reasons for the emergence of illegitimate children,mainly including illegitimate cohabitation,illegal cohabitation,illegitimate denial and rape The birth of legitimate children;The second chapter summarizes the research on the cases of illegitimate children in recent years in China.According to the classification of the types of cases in different cases,based on the enumeration of typical cases,the difficulties in the court decisions and difficulties in the execution of the decisions are analyzed,and the current situation of illegitimate children’s rights and interests is pointed out.Registered children are not only in registered residence.It is difficult to get timely relief when the rights and interests are damaged;The third chapter explores the root of the legal protection of the rights and interests of illegitimate children,mainly from two aspects of legislative defects and social problems.In the aspect of legislation,there is not only a lack of unified guiding principles,but also the relevant legal system is incomplete.In the social level,the social concept of not paying enough attention to illegitimate children leads to the lack of social relief for illegitimate children;The fourth chapter introduces the current laws of different countries on the protection of the rights and interests of children born out of wedlock.The protection of foreign countries not only has more perfect legal provisions and systems in legislation,but also has more specific and feasible protection measures in judicial practice.The society and the country pay more attention to children born out of wedlock,which provides enlightenment for our country to strengthen the legal protection of children born out of wedlock,and provides reference for foreign countries We should learn from the advanced experience in this field;The fifth chapter puts forward some suggestions on how to improve and perfect the legal protection of illegitimate children’s rights and interests in our country.It starts from three aspects of legislation,judicature and society,focuses on improving the registered residence system of illegitimate children,establishes the confirmation system of parentchild relationship,improves the custody and guardianship system,standardizing judicial practice,and puts forward specific measures for solving the court’s difficult problems,and enlarges the society.We should strengthen the protection and give full play to the functions of the state and the government.In order to improve the legal protection of the rights and interests of children born out of wedlock in China.