On The Application Of Paternity Testing In The Process Of Parent Child Relationship

The marriage law is a basic criterion to adjust the marriage and family relationship, and parent-child relationship is an important part of marriage and family relations. As a kind of paternity identification of civil evidence types, the conclusion is different from other conclusions, it has personal attributes, often play a decisive role in the parent-child relationship in litigation with the continuous development of science and technology, identification technology is more advanced, confirm and deny the probability of their parents were above 99%, but because of their personal properties, not only the judicial application of paternity depends on a scientific conclusion, but also through further demonstration can be obtained for the results of the referee. So far, domestic foreign scholars have made some achievements in the study of the theory for paternity, mainly in wedlock presumption, protect underage children interests, parent-child identification and prevent abuse Face to reach a consensus, but because of the differences in history and culture, the subject of paternity, the provisions of all the paternity of the mandatory rules are not the same. Although the long-standing problem of paternity testing in the civil judicial practice in China, but China has no specific law to regulate the behavior of paternity.2011 year in August 9th the Supreme People’s Court published "Interpretation of the Supreme People’s Court on Several Issues concerning the application of the marriage law of People’s Republic of China three"(hereinafter referred to as the marriage law interpretation three), for the first time the presumption of parentage in litigation, has certain positive meaning, but the provisions are too vague, different co contracting phenomenon often appears in the process of application. As the number of cases involving the parent-child relationship is increasing year by year, for judicial paternity in case of parent-child relationship application needs a unified specification. This paper discusses the application of paternity in litigation in the parent child relationship, through the analysis of encounter legal problems in the process of application, analyzes the problems and reasons, put forward a paternity lawsuit in the parent child relationship applicable conditions, limit the scope of application and so on, hope to have a certain value for the practical application.This paper is divided into three chapters.The first chapter is paternity in litigation in parent-child relationship for meaning, nature and function. First, the introduction and analysis of paternity in litigation in the meaning of parent-child relationship; secondly, the nature of details of paternity in litigation in parent-child relationship. Finally, discusses the application of paternity in litigation in the parent child relationship this study shows that the function of the value of practical application.The second chapter is China’s paternity in litigation in parent-child relationship for analysis of the problems and their causes. Because of China’s society in the history of genetic, gender awareness and other aspects, so it has certain particularity in parent-child relationship. In judicial practice, the subject in a paternity test, the starting procedure of paternity testing there are a lot of problems, evidence of parent-child relationship applicable aspects. For these problems, it will conduct a detailed analysis in this chapter.The third chapter is the limitation and paternity testing in our country is in the litigation in the parent child relationship. The reason for problems, the presumption of paternity in the premise of clear action in parent-child relationship to apply rules of burden of proof and other conditions. Paternity may not be appropriate in all parent-child relationships should be clearly not applicable to litigation, paternity the situation.