Study Of Paternity Under The Legal Perspective

In our country, with the growth of material life standard and the increasing tendency of seeking multiplied social values, people's traditional concepts have been experiencing tremendous changes, which can be mainly found in some frequently-occurring anti-tradition phenomena such as having concubines, extramarital love and illegitimate children. The appearance of these problems offers a great challenge to traditional marital moral and pattern. Loyalty and trust all gone, the marital crisis is getting worse and worse. Thus, it is definitely not an accidental phenomenon that the identification in disputed paternity has entered into people's range of vision, which has aroused heated controversy in such complicated macro social environment.The predominant changes are in people's concepts and the ever-strengthening tendency in seeking multiplied social values. The appearance of these problems leads to the ongoing emerging of anti-traditional phenomena such as extramarital sex and illegitimate birth of children. The traditional marital pattern and family structure are also on the verge of a deep innovation. Marital crisis are getting worse and worse; trust and loyalty between people are encountering great challenge faces.The rapid development of the DNA technology also carves out new space for the application of identification in disputed paternity in judicial trial, criminal detection, migration of household registry, identification of nationality, controlled child adoption and blood matching. The value of the identification result in disputed paternity can be mainly reflected in two aspects: the entity value and the procedure value. The result of identification in disputed paternity plays an important role in lawsuit. It will help the lawsuit participants clarify certain facts so that the privies can be rightly informed. It will also help to reestablish or invalidate some legal nexus. The irrational exaggeration in demand for identification in disputed paternity has given birth to some specialized organizations. But till now, our legal system is scarcely involved in this identification. So the current law system is unable to effectively restrain it, which leads to the awkward situations of such serious technology. In order to fundamentally effectively regulate the identification activities, it seems to be very important to standardize it from the legislative aspects.We should fully consider the benefit balance between different needs of a family and the privies' information right and birth right and reputation right, avoiding the possible commotion in marriage and family due to the identification. Based on this, we should make some restraints on identification activities and relevant market. The thesis starts with the elaboration of origin, current situation and development of the identification, and then offers some suggestions on the establishment and improvement of the identification system in China.