Study On Compulsory Claim System Of Illegitimate Children

illegitimate children compulsory claim refers to confirming the relationship between parents and children by the way of court decision when biological parents refuse to claim the illegitimate children. Study on compulsory claim system of illegitimate children has a positive meaning. In theory, the compulsory claim system and the system of the presumption of parent-child relationship, the denial system of the presumption of parent-child relationship, the legitimacy system and the adoption system are both differentiated and interlinked. In practice, it reflects the value of freedom equality and human rights, and it is the social needs of the current status of the unmarried pregnancy, and it is the cultural heritage of the real blood. Through the comparative analysis of relevant laws and judicial cases of China’s Taiwan, Germany, France, Korea, the United Kingdom and the United States, it is found that the extraterritorial law has mature experience in the subject, reasons and restrictions of compulsory claim. After a study on the legal status of our compulsory claim system of illegitimate children, it is found that many defects exist in the second paragraph of article 2 in judicial interpretation(3) of Marriage law, such as the scope of "the party" is confused, the scale of "necessary evidence" is not unified, all of the "contrary evidence" filed by the defendant are not supported by the court. And these defects are due to the lack of structure in the legislation system, the blank of family judicial philosophy and the bound of traditional cultural values. In order to perfect the compulsory claim system, China should establish the basic principles, such as the principle of the best interests of the child, the principle of the balance between real blood and identity, the protection of the interests of women, children and other vulnerable groups. China also should make clear the party of the compulsory claim, and take the mode of list and summarize combination to make regulations concerning the list of the reasons, and set up limitations of the compulsory claim right.