A Study Of Problems In Parent-child Relationship Denial Disputes

In practice,a mother's identity is usually judged on the facts of childbirth under the doctor's witness.And the mother-child relationship is generally unquestioned except rare cases.With the continuous opening of sexual thoughts,many women may not only have sex with a man,therefore,the identification of father's identity is a practical problem.The Judicial Interpretation(3)of Marriage Law of the litigation evidence rules has made the simple rules,the lack of physical specification leads to such disputes could not be in accordance with the judges,causing the phenomenon of different judgments in the same case,serious damage to the judicial authority.In the face of the social environment of arising more and more litigation of denial,establishing the system of denying the parent-child relationship is essential.In the denial disputes of parent-child relationship,many parties will confirm the parent-child relationship through the test.In practice,some courts failed to fully examine the necessity of paternity test when initiating the paternity test procedure,which resulted in adverse effects on the interests of the applicant and the minor involved the litigation;some courts have different identification standards in the identifying process of "necessary evidence";a few courts take paternity test opinions as the absolute basis for judgment.Generally speaking,it is difficult for the parties to provide evidence,and the application of paternity test technology in practical trials is not standardized.This paper integrates the case analysis,literature analysis,and comparative analysis,follows the research approach of practice-theory-practice,consults literature about the system of parent-child relationship denial.Especially studying abroad legislation about the system and integrating the domestic scholar's points,the author think should take the Children Equality,the Maximal Interests of Minors and balancing the pursuit of blood real and stable identity for the principle,establishing the system of parent-child relationship denial in the legislation.Allowing the presumed father bring a suit of denial within one year from the date when he knew or should have known that his child was not his own,allowing the adult child within one year from the date when he became an adult,and within one year from the date when the wife acting for the interests of the child knew or should have known that her husband had caused significant harm to her child.In addition,considering the difficulty and ability of giving evidence for the parties,the court should not set too high standard for identifying the necessity of evidence,as long as the judge can reasonably suspect nonentity of the parent-child relationship.After the judge confirms the necessity of the authentication,judge should fully explain to the other party about the consequence of not cooperating,and they are prohibited from forcing the party to cooperate and shall adopt the legitimate reasons for their rejection.The application of paternity test technology should be the ultimate means to solve such disputes.Because the results are irreversible,it must be used carefully.Judge should fully consider the humanistic emotions involved in paternity test,and strictly follow the principle of "application by the party+voluntary cooperation by the other party".The court should not take the expert conclusion as the absolute basis of the judgment.Even if the expert conclusion is obtained,there should be other evidences to support it.