Reasearch On The Application Of Parent-child Relationship Confirmation System In China Under The Background Of Civil Code

Article 1073 of the Civil Code formally established the paternity confirmation system in China.Having been in effect for more than a year,what are the deficiencies of this provision? What are the problems encountered in court trials in practice? How to solve these problems? In view of these questions,this paper mainly carries out research from the following five parts:The first part is an overview of the basic theory of parent-child relationship confirmation system,mainly introducing the basic theory of parent-child relationship confirmation system,and briefly combing the legislation of Our country.The second part is to investigate the paternity confirmation system of other countries and regions,mainly Germany,France,Japan and the United States of America.It is mainly analyzed from two aspects: the confirmation of mother’s identity and the confirmation and denial of father’s identity.Through investigation,it is found that the above four countries are affected by the principle of the best interests of children,except Japan,the other three countries have abolished the separation between illegitimate children and illegitimate children,adopted the unitary legislation mode,and all have stipulated the confirmation system of parent-child relationship in special chapters.Marriage is just one way to confirm paternity,not the only one.The third part summarizes the trial rules in judicial practice before and after the promulgation of civil Code.Within the time limit,the lawsuit of parent-child relationship objection before and after the promulgation of the Civil Code is analyzed respectively,and the previous trial rules in China are summarized from the perspective of entity and procedure respectively in different periods,and the changes are compared and analyzed.The fourth part analyzes the deficiencies of the current paternity confirmation system in China,and holds that there are mainly problems such as lack of paternity presumption system,narrow scope of the applicable subject of the system,unclear reasons for raising the objection to the paternity relationship,and lack of follow-up provisions for the presumption or denial of the consequences of the paternity relationship.The fifth part discusses the solutions to the problems raised in the fourth part.In view of the above problems,China should adhere to the principle of children’s best interests,take into account the stability of identity relations,and use judicial interpretation to make up for the lack of legislation.Specifically,judicial interpretation should be issued to clarify the presumption system of parent-child relationship,expand the scope of application of the system,allow minor children and other interested parties to act as the subject of rights under certain conditions,clarify the specific causes for the objection of parent-child relationship,and supplement the follow-up causes after the confirmation or denial of parent-child relationship.