Reflections And Improvements: Studies On Legal Rights And Interests Protection For Illegitimate Children

Nowadays, the same legal status of illegitimate children as that of legitimate children hasbeen recognized and protected through legislation in many countries. Based on the principleof maximizing children’s rights and interests, many countries attempt to gradually realize thelegitimacy of illegitimate children’s identity and improve their rights protection. In contrast,with the development of Chinese judicial practice, regulations of protecting rights ofillegitimate children have been basically established, though some shortcomings still remain.The thesis includes four sections with about27thousand characters in total. Section Iemploys the case study of the parent-child relationship approval to introduce the evolutionprocess of regulations of illegitimate children rights protection. Section II introduces theevolution process with details. The author illustrates the changes made for modern legalprotections and the present situation in the legislation and jurisdiction. From the legislativeperspective, the author considers the more emphasis that current Marriage Law gradually puton the rights protection of illegitimate children as an attempt to realize their legal status.Besides, interpretive documents, letters and cases issued refine and facilitate the special care,consideration and protection of illegitimate children through the judicial practice. Section IIIanalyzes the shortcomings of related regulations in our country based on experiences of othercountries. Identity recognition of illegitimate children is difficult due to the absence ofguidance and regulations on parent-child relationship claim and approval. In addition, rightsprotection is restricted and the corresponding regulations cannot be completely carried outdue to the dispute involved on support payments and offerings, which are caused by theimperfection of related support and guardianship regulations. Section IV proposes personalsuggestions on how to improve the legislation and jurisdiction in our country by comparisonswith other countries. Several aspects mainly addressed include the compliance with “theprinciple of maximizing children’s interests”, the establishment of enforced claim andapproval regulations and the perfection of the children support and guardianship regulations.