A Study On The Issue Of Marital Child Denial

Economic and social development with the advent of marriage and family,inheritance,dispute,denied that the case in the judicial practice of the children born in wedlock has it,the number of rising,while the current law denied to children born in wedlock has carried on the simple specification,but not as a system of sexual system exist alone,sometimes denied to children born in wedlock in the divorce case,there will be classified as to bring up case,denied that the lack of specific children born in wedlock standards and application architecture."Judicial interpretation of marriage law(iii)" and related works on the issue of denying children born in marriage,but only a part of the provisions.To perfect the denial system of wedlock and children is not only conducive to the harmony of marriage and family,but also conducive to the protection of the legitimate rights and interests of the subject in the family relationship.Compared with Japan,France,Germany and other countries,the denial of children born in marriage has been made more detailed legal provisions,China’s denial of children born in marriage system is not perfect compared with foreign countries,it is necessary to further clarify this aspect of the law.In practice the number of cases involving more,broader,denied that the court in dealing with children born in wedlock case lack of specific decision criteria,lead to different connection with the given phenomenon,and the resulting family dispute caused strong social reaction,so this paper will combine the foreign related legal system,by combining the existing cases,in-depth analysis of the parties under the condition of different demands and tendency,proposed to find the parties dispute focus of case,and to dispute focus of the analysis of the disadvantages of China’s current denied the existence of a legitimate child,proposed conforms to the legal system of our country’s situation.In the case of a foothold in China’s basic national conditions,from two aspects of perfecting the system requirements and meet the needs of the reality,the nature of the first denied to children born in wedlock do a specific provision,constitutiverequirements,combined with the real cases involving the return of support,and mental injury litigation request is put forward,through the interest measure further defined children deny the right of claim of the foundation,from two aspects,internal and external relations,in turn,can better protect the rights and interests of the parties.And meet the requirements of the development in our country through the above claim legitimate child denial system,standard system of legitimate child denied the body of the scope,system of legitimate child denied deny litigation proof requirements add children born in wedlock denied solve such problems,children born in wedlock in accord with what will destroy,thus further denial system of children born in wedlock in China are put forward.Matrimonial children’s denial cases are mainly about marriage and family disputes,to balance the relationship between love and law,to provide faster,reasonable and fair judicial relief means for the parties,and to protect the legitimate rights and interests of the parties.Therefore,it is an inevitable trend of social development to perfect the denial system of wedlock and children.