Research Of The Denial Litigation Of Parent-child Relationship

The denial litigation of parent-child relationship is a very important proceeding whichestablishes the identity relationship between parents and children in the area of parent-childmethod. The understanding towards the parent-child relationship denial litigation in academiccircles is not mature enough, the current Marriage Law of PRC also did not make specificprovision on this litigation, only in the article2of Marriage Law Interpretation (Third) ofPRC which was applied in August2011, there is a principled explanation, but lack ofmaneuverability, which leads to the major defects exist in the content and structure ofparent-child method. The title is “the denial litigation of parent-child relationship”. Thisarticle attempts from the perspective of the civil procedure law, combining with the relevantprovisions of the substantive law, discussing theory and practice problems such as theconnotation and nature of the litigation, the presumption of legitimate children,the properparties, the suit rights, the paternity test, combining with Taiwan area and foreign law for thelegislative experience of this litigation, on the basis study of the comparative law, the authorhas put forward the legislation suggestions to perfect the parent-child relationship deniallitigation in our country.In this paper, besides introduction and conclusion, the text is divided into five parts, atotal of more than28000words.The first part is the overview of the denial litigation of parent-child relationship. Thispart illustrates the connotation of the denial litigation of parent-child relationship and thepresumption of legitimate children and then discusses the nature of the denial litigation ofparent-child relationship, so as to demonstrate the legal basis of the denial litigation ofparent-child relationship.The second part is the proper parties of the denial litigation of parent-child relationship.Refer to Taiwan area and foreign relevant laws, this paper discusses the plaintiff and thedefendant eligibility problems of husband, wife, children, natural father, inheritanceinfringement of the third person. The third part is the paternity test of the denial litigation of parent-child relationship. Theauthor clarifies paternity test’s principles, then combines with the meaning of the obligation ofassisted examination to discuss the enforcement issues of the paternity test and theconsequences if parties refuse to do the test. The author will come up with suggestions toperfect the paternity test, such as limiting the scope of paternity test strictly, strengthening thesupervision, the review system before issuing an appraisal report.The fourth part is the elimination of suit rights of the denial litigation of parent-childrelationship. In reference to Taiwan area and foreign legislative experience and on the basis ofpredecessors’ research results, the author has discussed whether to eliminate the denial right inthree situations such as using up the prosecution period, children death, and husbands agree toadmit their children were born in wedlock.The fifth part is legislative thinking of the denial litigation of parent-child relationship.The author has put forward and demonstrated suggestions to perfect our country’s deniallitigation of parent-child relationship from four aspects such as clearly defined the scope ofthe deniers, conditions of exercise the right to deny, procedures of the parent-childrelationship denial litigation and eliminated period of denial right.