Research On The Status Of Paternity Test Procedure And Related Legal Problems

With the development of social productive forces,the Paternity test goes into the view of people as a product of modern science gradually.With the constant improvement of paternity test technology,paternity test has been widely applied in the criminal cases and civil cases,which brings a lot of convenience to police cases and judge cases.Particularly in a civil case of paternity.Paternity test is an important technical work,and its results are directly related to the interests of individuals,families,and social stability,while the related problems of the program have been in a blank state.If used improperly,it will have negative consequences for the family and society.Purpose:This study through a questionnaire survey of a paternity institution for the paternity of the parties on June 2016 to June 2017,and analyzes three typical cases of paternity testing in practice,understand the subjects cognition of paternity testing procedures and related legal issues,to explore the survey area paternity status and analysis of existing practice,paternity testing problems.Methods:In this paper,we take the method of questionnaire investigation and case analysis.Questionnaire investigation with the method of convenient sampling,choose the person who has a paternity test for a paternity test in June of 2016 to June of 2017.Case analysis selects three typical cases of paternity test.Through literature analysis understand an overview of paternity tests at home and abroad.Discuss the system of paternity test at home and abroad.Put forward suggestions and countermeasures to the paternity test in our province based on the law of foreign countries.Result:According to the questionnaire and case study results in paternity testing in practice,the lack of the protection of the right to know,the subjects of the investigation,the 75.9% parties should think the consent of the other party in the party put forward a paternity test application,but only 1.1% of applicants that need to reach a written consent;only 5% of parents will tell their children for identification purposes.For the paternity of the start,by the survey,85.9% of the parties that individual can apply for a paternity test,Only on-site sampling can ensure the accuracy of the result,but only 51.8% of the parties recognized by this sample collection method.In addition,due to the identification of bodies trust and lack of related legal consciousness,most of the parties have ignored the qualification problem identification agencies and their staff.Conclusion:There are three main problems in the practice of paternity test: First,the laws and regulations are imperfect.There are no strict rules on the identification of start-up procedures;In the design of paternity test,the protection of the rights of the connoisseurs and the interested parties is lacking,because the people still have the traditional blood relationship,and are sensitive to the relationship between them and their children,and often ignore the protection of the rights of the children.There is no law against the client's assistance.Second,the paternity test lack of related regulations.There are irregularities in the paternity laboratory;There are no unified rules of experimental methods and tests;There is also a lack of policy on the error of the appraiser.Thirdly,there are problems in the establishment of paternity appraisal institutions.Paternity test institutions lack of effective supervision.We should gradually improve the laws and regulations,Establish reasonable paternity test start programs;Specify the parties' assistance obligations;Establish paternity test review procedure,we must standardize the behavior of appraisal institutions.To regulate the process of the agency's work,Let the paternity test be more orderly.