The Research Of Kinship Test In The Paternity Litigation

In our country, the greatest difficulty to discuss the paternity litigation lies in theabsence of the support of the foundation system-presumption of legitimate; because ofthe absence of presumption of legitimate, the important paternity litigation becomesthe blank in the civil procedure research.."Make bricks without straw," If yourresearch lacks the underlying system, the research on the paternity litigation willbecome "ground gas" or become a "castle in the air".The reasons of why refusing to Blood identification is great import in the researchof the paternity litigation are three aspects: First of all, blood identification evidence isin the decisive statute of the paternity; second, the contradiction of the smoothposition on the tools and the tough attitude about the truth.; third, judgments of thepaternity litigation have strong effects, and affect the third person. In particular, thecontradiction between the moderate stance of the tough attitude of the parent-childrelationship litigation to pursue the facts and clearly means a whole involves the factthat the parent-child relationship to determine the difficulty, this is not just related tothe evidence, the parties throughout the litigation system, also distinct reflect thevalue of the system itself orientation and position.The paper is divided into four parts: First, the problem of realistic expression,mainly discusses the problem of how to integrate identification technology with thepaternity litigation due to the traditional difficulty of the absence of presumption oflegitimate and the rapid development of modern technology.The second is theproblem of the theoretical expression, refusing of the blood identification reflects notonly the integration of technology and litigation is failure, but also it relates to themore deep of the fuzzy theoretical problem. the theory of proof degree and the theoryof obstruction to testimony how to understand and digest this modern technology orhow to self-digestion, through the restoration of modern predicament. Third, theproblem of extraterritorial expression, the commentator described blood identificationsystems and regulations of the United States, Britain, Germany, Japan and othercountries for the purpose to learn from other country. Fourth, the problem of theChinese expression, blood identification problem on the paternity in China’s domestic litigation is more complex, this complexity lies in the lack of presumption oflegitimate system, the problems which reflected appear more numerous and deadly.Fifth, the future expression of the problem, this article is unable to put forward a set ofscientific and effective solutions, because this is far beyond the ability of thecommentator. Future expression focus on the integration and improvement of theexisting system and the commentator try to comb the messy process design, and toabandon the substandard nature of the system design, make the system more plumpand rounded.