Research On The Protection Of Inheritance Rights Of Illegitimate Childre

In today’s society,the concept of marriage has gradually changed,and the willingness to marry has decreased.With the prevalence of unmarried cohabitation,the number of illegitimate children has increased obviously,and the protection of their rights has become an important issue in legislation in our country.The current legislation clarifies that illegitimate children enjoy equal legal status with illegitimate children,reflecting the progress of legislation of protection of human rights in our country.However,by analyzing the case of illegitimate children’s inheritance rights,we can find that the principle regulation of protection of illegitimate children’s rights does not completely guarantee the complete realization of the legal inheritance rights in judicial practice.Still need to execute the concrete supporting system to provide the instruction for judicial practice.The difficulty of realizing the inheritance right of illegitimate children mainly lies in the identification of parent-child relationship between illegitimate children and the decedent.Because illegitimate children are often in a disadvantageous position,there are difficulties in proving parent-child relationship.On the other hand,due to the special existence of illegitimate children,other heirs usually conceal their existence due to emotion,interests and other factors,resulting in their failure to timely know the occurrence of inheritance events,miss the best opportunity to realize the legitimate inheritance right.This paper summarizes these problems by analyzing the historical development of the inheritance rights of illegitimate children,and studying the typical cases of the inheritance rights disputes of Chinese illegitimate children.Based on foreign legislative experience,we will draw inspiration from a reasonable system suitable for protecting the inheritance rights of children born out of wedlock in China,and provide suggestions for improvement,such as establishing a presumption system for parent-child relationship during cohabitation,improving the compulsory claim system for children born out of wedlock,and improving relevant inheritance systems.With the aim of improving the system,we can effectively solve common problems in judicial practice regarding the inheritance rights of children born out of wedlock,effectively safeguard the inviolability of the inheritance rights of children born out of wedlock,and achieve substantive equality of rights between children born out of wedlock and children born in wedlock.