On the Inspection and Improvement of the Elements of Judicial Review of the Application of Paternity Identification——Based on the Principle of the Best Interests of the Child
On the Inspection and Improvement of the Elements of Judicial Review of the Application of Paternity Identification——Based on the Principle of the Best Interests of the Child
The judicial review and procedural initiation of paternity identification applications involve children's personal interests,and their pursuit of the value of blood relation realism should be limited,with the best interests of children as the primary consideration.From the current situation of the application of judicial review elements for paternity identification applications,there are such problems as insufficient rigidity in the application of general review requirements,lack of judicial review for the protection of children's interests,and disorderly application of review elements for"lack of agreement"applications.In order to implement the principle of the best interests of children,it is necessary to clarify the application of procedural and evidential elements in paternity identification,and regulate the court's review behavior.At the same time,the best interests of children should be regarded as an independent review element,and its evaluation and determination elements should be clarified.The hearing of opinions on children over 8 years should be strengthened,and the system of procedural assistants should be introduced to ensure the expression of children's opinions.For parent-child identification applications that lack consensus,it is necessary to demonstrate the legitimacy of"providing necessary evidence"as the examination element,and set the proof standard reasonably as"the existence of reasonable doubt".
关键词
亲子鉴定/司法审查要件/子女最佳利益/亲子关系
Key words
paternity identification/elements of judicial review/the best interests of the child/parent-child relationship
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