The Legal System Construction And Optimization Principle Of Paternity Test

The paternity test is the practical product of genetic technology in the parenthood identification,as well as raised and applied as the academic concept.The main purpose of paternity test is to perform analysis to the samples carrying gene of both parties through DNA locus detection,confirm whether the corresponding sites in locus is consistent and finally make the definitive identification conclusion.The paternity test mainly applies the means of DNA identification.The ancient China entered to “Home is All” times since Xia dynasty,the hereditary system of kingship replaced the abdication system and the blood connection was as the core of social relations,which was the source to the demands of paternity test in the Chinese traditional culture.As the effective tool of resolving the dispute of parenthood,currently the paternity test is oriented with DNA locus technology.This technology completes the tasks of individual identification and parenthood identification in the field of justice,which can’t be replaced for now.As the tool of resolving the dispute of parenthood,the tool value of paternity test is reflected by the proof to the fact of parenthood to be certified,as well as generating the right to genetic personality and the right to genetic privacy in the dispute of parenthood.The above-mentioned rights are mainly enjoyed by the minor children in the dispute of parenthood.However,the right to generate conflicts along with it is the right to know that will be enjoyed by the parents in the dispute of parenthood,that is the right to know whether the children has genetic inheritance relation with themselves.Currently the laws relating to the paternity test in our country is far behind,the absence of ethical norm enables paternity test to stay in one disorder status,which causes a series of ethical and information protection issues.The paternity test plays an important role in the dispute of parenthood.Meanwhile,the paternity test is confronting with the risks of multiple aspects,including the applicable risks,legal risks and ethical risks.The above-mentioned risks also include many aspects that need to be illustrated and resolved.The applicable risks of paternity test include the technical risk of paternity test,operation risk of testing procedures,analysis and adoption risk of testing suggestions,and the filing management risk of testing organizations;The legal risks of paternity test are mainly involved with the issue of genetic right protection for minors,the issue of paternity test and abuse of civic rights,the issue of privacy protection for paternity test,and the issue of custody and guardianship for minors;The ethical risks of paternity test include the issue of establishment and maintenance for marriage ethical relationship and the issue of maintenance for intergenerational ethical relationship.In order to conquer the above-mentioned risks,it is required to implement the following principles in the paternity test: principle of favoring the vulnerable groups,principle of knowing by the concerned parties,principle of ethical supervision,information privacy principle,and principle of public welfare,as well as along with implementing the above-mentioned principles,perform the normalized expression to the above-mentioned principles through the legislation and system construction so as to strengthen the implementability and operability.This paper starts from the current status for development of paternity test in our country,refers to the beneficial experience obtained from handling the above-mentioned relevant issues,raises the legalized suggestions of paternity test,as well as profoundly discusses the legalized direction and strategy for paternity test.In terms of initializing the paternity test procedure,it prioritizes to establish the principle of voluntariness,and considers the exceptional circumstances,it is required to handle specially according to the specific circumstance in the practice of paternity test;As for the assistance obligation of paternity test,it should strictly execute the regulations in the Third Interpretation of Marriage Law,and require the concerned party to comply with the assistance obligation by the means of indirect enforcement on the basis of respecting the right to reject for concerned party;With respect to the suggestion affirmation of paternity test,it focuses on enhancing the qualification of appraisers,performing the formal professional training to them,and strictly executing the national standards and industrial regulations in the paternity test.From the above-mentioned optimized direction,it raises the legal and optimized legislation suggestions of paternity test: Firstly it is required to perform the clear regulations to the genetic right and more tend to the protection to the genetic right of minors in the specific clauses;Secondly it is required to implement the autonomy principle of concerned party,allow the concerned party to apply for initiating the paternity test under the circumstance of being informed,and empower the right to reject for concerned party,as well as promote the reasonable application of paternity test through the indirect reinforcement;Finally it is required to establish the clear marriage ethical protection for the set-up of paternity test procedure,perform the publicity and education of marriage family ethics throughout the society through the declaratory clauses so as to eradicate the unfavourable soil of causing the suspicion of parenthood from the root.