Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2022, Vol. 24 ›› Issue (2): 76-83.DOI: 10.11885/j.issn.1674-5094.2021.10.18.02
• POLITICS AND LAW • Previous Articles Next Articles
ZHANG Xiaoyuan, YU Xiao
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Abstract: Article 1073 of Civil Code establishes the parent-child relationship objection system in China, which has both positive and negative significance. The major problems are as follows:first, how to define "father", "mother" and "child", especially the identification challenges brought by artificialw assisted reproductive technology? Second, how to define "just cause" of filing an objection? Third, how to solve the problem of compensations of cost of upbringing and mental damage after the denial or confirmation of parent-child relationship? Fourth, is it justifiable to grand adult child the right to appeal for confirmation only? Fifthly, is it reasonable to deny the minor children of the qualification of a claimant? To balance blood relationship and identity relationship,the system of objection to parent-child relationship can be further improved by extending the scope of the subject of objection to parent-child relationship,giving adult children the right to deny the existing parent-child relationship, setting the time limit to disappearance of claim right, and establishing the system of protection for minors after the establishment or denial of parent-child relationship
Key words: parent-child relationship, objection, just cause, compensation for damages, minor children
CLC Number:
DF55
ZHANG Xiaoyuan, YU Xiao. The System of Parent-child Relationship Objection in China——A Study on Article 1073 of Civil Code[J]. Journal of Southwest Petroleum University(Social Sciences Edition), 2022, 24(2): 76-83.
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URL: http://journal15.magtechjournal.com/Jwk_xnsk/EN/10.11885/j.issn.1674-5094.2021.10.18.02
http://journal15.magtechjournal.com/Jwk_xnsk/EN/Y2022/V24/I2/76