Legal Research On The System Of Illegitimate-child Claim

Since the marriage system was bulit in human beings,illegitimate children have been bom out of complex emotions and desires.Even if the church regards illegitimate children as a sin or the society regards them as an expression of moral decay,it is difficult to eliminate them.Illegitimate children are not a product of our times.As early as Shakespeare,illegitimate children have drawn attention.For example,Shakespeare has a famous play called King Lear,which describes an illegitimate child named Edmund.He is treacherous and selfish,wo is in sharp contrast to his half-brother Edgar.It shows that the secular prejudice against illegitimate children has lasted for a long time.But we can not let this enduring prejudice affect our rational judgment today.After World War E,the number of illegitimate children has increased so fast that no one can saw it coming.Protecting the interests of illegitimate children has become a practical necessity.There is no deny that the issue of illegitimate children is a challenge to our traditional society,but tradition needs to be changed,but the progress of The Times has given a new definition of morality.It i5 difficult for the law to evaluate such events.Obviously,there is no legal punishment for people who have children when they are not married.Since the society can tolerant illegitimate children’s parents,so protecting innocent illegitimate children is a reasonable thing.The "original sin" of illegitimate children is the reason why the sociey can not accept them,but now the basis for ’original sin,has no longer existed.Therefore,it is very important to establish the claim system for illegitimate children so they can have their own legal status.The focus of this paper is to explore the claim system of illegitimate children,and explain its close relationship with the protection of rights and interests of illegitimate children,so we can establish our own claim system ofillegitimate children.This paper is divided into four parts.The first part explains the claim system of illegitimate children.The second part comprehensively describes the lack of the claim system of illegitimate children,which mainly introduces the current situation of legislation and judicature about this issue in our country,and points out the existing problems of the system through specific cases.The third part emphasizes the necessity of establishing the claim system of illegitimate children.The fourth part proposes to establish the claim system of illegitimate children in China,so we can protect the rights and interests of illegitimate children by establishing the parent-child relationship of illegitimate children.