Research On The DNA Presumption In The Litigation Of Paternity Confirmation

DNA paternity test,with the result of high accuracy and the scientific nature,has often been used as decisive evidence in parent-child relationship confirmed cases.However,in reality,it is inevitable that one party refuses to provide the identification sample due to various interest considerations.According to the general view,the refusal to cooperate with the paternity test has constituted the obstruction in civil action.On the legislation,through the article 75 of Evidence Provision and article 2 of Judicial Interpretation of Marriage Law(Ⅲ),we has made the indirect mandatory regulation path.However,due to the imperfect regulations,in the current situation of judicial application,through case analysis,this paper finds the following four problems: the qualitative doubt of DNA sample evidence,the inconsistent identification of Presumption and Necessary Evidence,the confusion of expression in the law subject,the omission of a third party,and the lack of justification clauses.By sorting out the regulation system of foreign countries,this paper compares the legislation situation of Britain,USA and Japan,then it finds out 4 countermeasures and suggestions,which are also the final purpose of this paper: adding a supplementary provisions on DNA assistance obligation and safeguards,clarifing the meaning of Presumption and Necessary Evidence,improving the subject of law application,and adding the supplementary provisions of the justification reasons.