Research On Evidence Hinders Of Rejection Of Paternity Testing

Parent-child disputes occur frequently in real life.The focus of the controversy is whether there is a kinship relationship between children and their parents.The identification of this fact can be accomplished by means of scientific and technological means-DNA paternity test.At this time,if the non-negative proof of responsibility of the parties refused to cooperate with parent-child appraisal,it will lead to the facts to be proved in the authenticity of unknown state,and then the identification of the identity caused difficulties.Its refusal to perform the act of demonstrating synergy is not only an infringement of the other party’s burden of proof,but also a damage to the fair and impartial proceedings.This article is based on proof of obstruction rules,The first chapter is the introduction and general overview,the current research status at home and abroad are described and the following are cited.The second chapter discusses the connotation and characteristics of the parent-child relationship lawsuit from the perspective of the procedural law.And focused on the study of the theory of proven obstacles.The first is to prove the outline of impediments and the basic theories of jurisprudence,then to explore the components that prove the impediments,and then the fourth section analyzes the effects of proving the impediments to the application of laws in parent-child relationship lawsuits.The main ones are the free-spirited statement,the statement of proof of responsibility,the theory of imitation,the theory of lowering the standard of proof,and the theory of coercive measures.The third chapter discusses the status quo of the legal regulation of refusal of paternity testing in China.It analyzes and analyzes the laws and regulations currently involved in China,picks out representative problems existing in the judiciary,and lists cases and publishes them.The fourth chapter uses comparative analysis to compare the legislation that has hindered the parent-child relationship lawsuit in the civil law system,the Anglo-American law system,and the Taiwan region.Three different representative models have been summed up,and at the same time,learning from the advancedlegislation in various countries has provided lessons for our country.The last section focuses on writing lessons for foreign legislation.The fifth chapter summarizes the current situation in China and the reference to the extraterritorial legislation in the previous chapters,and concludes that the relevant provisions of our country can be perfected,and expressed its own views,in order to be able to benefit the related institutional progress.