Research On The Suitability Plaintiff Of Parent-Child Relationship Denial

Early denial of legitimate children’s lawsuit is not an independent cause.Judges often attribute it to cases of divorce disputes and child support disputes when trying.However,at that time,the regulations on divorce disputes and child support disputes could not solve the procedural and substantive disputes of denying legitimate children.In practice,there is a sharp contradiction between the increasing number of such cases and the vacuity of the current legislation.The Civil Code responds to the practical needs.Article 1073 of the Civil Code stipulates: "If there is an objection to the parentchild relationship and there is a legitimate reason,the parent or one of the parent may bring a lawsuit to the people’s court to request confirmation or denial of the parentchild relationship.If there is any objection to the parent-child relationship and there is a legitimate reason,the adult children can bring a lawsuit to the people’s court to confirm the parent-child relationship." The Civil Code regulates the action of confirmation and denial of parent-child relationship in the form of legislation,which improves the level of legislation.At the same time,the subject of litigation was changed from one spouse to the other parent,confirming the subject qualification of parent-child relationship confirmation litigation and denying litigation.Considering the actual needs,adult children are also given the subject qualification of confirming parent-child relationships.However,what should be done when other people than parents file a lawsuit denying parent-child relationship? The plaintiff scope listed in existing laws does not cover all potential plaintiffs.If these potential plaintiffs sue,should the court accept and judge them? In judicial practice,there have been cases where legislation does not include all its extensions,so it is impossible to expand the scope of plaintiffs and make contradictory judgments.When potential plaintiffs outside the legal norms sue,some courts only recognize parents’ plaintiff qualification in strict accordance with the current legal norms,and all other plaintiffs are regarded as not qualified as plaintiffs;Some courts take the initiative to make judicial decisions according to specific cases,and break through the scope of legal plaintiffs by expanding interpretations.In this way,there is a contradiction between strict application of law and active justice.By analyzing the nature of the parent-child denial litigation,combing the conceptual change process behind its institutional development,analyzes the relevant contents of marriage and family compilation in China’s Civil Code,and combining with China’s Civil Procedure Law and its related provisions,this paper puts forward some amendments.According to the purpose of the lawsuit of deprivation of legitimate life,the rights and legal relations that need to be protected,the possible plaintiffs that have appeared or have not appeared in practice are judged and selected by legislation,so as to improve legislation and effectively connect the judicial norms.