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On the legal protection of illegitimate children

Author: HeJuHua
Tutor: WangHong
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Illegitimate children Legal protection Basic rights Parent-child relationship The change of social system Security system Perfection Enactment of legislation The history of France Natural consanguinity
CLC: D913.9
Type: Master's thesis
Year: 2004
Downloads: 1054
Quote: 2
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Since the establishment of monogamy, to maintain the sanctity of it, the human society has long put the consanguineous children of their parents into two categories: legitimate children and illegitimate children. Being the outcome of ultra-marriage prurience, the illegitimate children are deemed to burden the evil of their parents. Under this circumstance, rights and interests of the illegitimate children have been long sacrificed and disregarded. They doom to have a miserable life since their birth. As the society moves on, due to more frequent social communication between each other and sex liberation, people are changing their ideas and become more and more tolerant towards illegitimate children. People are even trying to improve the conditions of the illegitimate children by innovating the regime. Far away from the original notion that legitimate children and illegitimate children should be given different treatment, those countries, whether in Continental Law Legal system or in Common Law system, are proving the illegitimate children with almost the same rights in custody, foster and heritage as legitimate children, legally ensuring them to grow up, safe and carefree. At the same time, many countries realize that in the issue of illegitimate children, not only the benefits of the illegitimate children and their parents are involved, but also the benefits of the public. A series of problems are ensuing. So public rights are merged into this issue to guarantee the benefits of the illegitimate children. Among the countries and regions that are legislating on illegitimate children, America, Germany and Macao are in the leading place. The appellation of illegitimate children has been legally cancelled. Both of the legitimate children and illegitimate children share the same appellation: children. It is stated in article 25, Marriage Law, China that illegitimate children share the same rights as legitimate children and none are permitted to impair or disregard it; Father or mother of the illegitimate child should pay for his living and education costs until the child can live independently, if the father or mother is not to bring up the child directly. According to article 10, Heritage Law, illegitimate children have the equalrights of heritage with legitimate children. From these two articles, our counti|y is advanced in the legislation of illegitimate child in principle: illegitimate child share equal legal status with legitimate child. However, compared with advanced legislation in other countries, legislation on illegitimate child in our country is too simple and rigid. The relationship confirmation of illegitimate child is missing from the legislation. The rights and interests ensuring system of illegitimate child are not complete yet and it is hard to carry out in practice. So, in the issue of illegitimate child protection, people always fall into predicament that they are unable to carry out what they want to .On the other hand, it is not scare that illegitimate child is killed or threw out by his mum or a father shield from his obligation to raise the illegitimate child. To solve these problems, we have to scrutinize our current legislation and learn from other countries, so as to find out feasible way to protect rights and interests of illegitimate children.This thesis is to explore the issue of illegitimate child legal protection from the point view of historical method and comparison method. For the historical method, the evolution of the illegitimate child legislation as the alternation of history is under exploration to learn how law evolves as the society moves on, so as to provide propulsion and guidance for the innovation of illegitimate protection legislation. For the comparison method, the legislations of illegitimate child protection in other countries and regions are reviewed to broaden horizon in this area. Then advantages and disadvantages of these legislations are anglicized to provide experience for the perfection of illegitimate child protection legislation in our country.The above t

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