The Confirmation of Parent-Child Relationship – A Study from the Law of Domestic Proceedings

• Main Authors: Shing-Yao Lian, 連星堯
• Other Authors: Dong-Xiong Tai
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/52719294320512366513

碩士 === 銘傳大學 === 法律學系碩士班 === 103 === The parent-child relationship is the most basic and most important relationship of identity in a family. And, to confirm the true father’s blood is also a fundamental right of the child. So we can know that Family law is particularly important. However, our Family law for the presumption of legitimacy, disavowal of legitimacy and acknowledgement has amended many times in recent years, because of the social and values change. Observe the legislative intent and trends, we also can find that we more and more put emphasis on the family rights and interests, like the gender equality, to ensure the best interests of child and keeping stable of the relationship. But, Family law (in Civil Law) is just a substantive law. If we want to implement the provisions of the substantive law, the procedural law is also indispensable. In the past, there were relevant provisions under the Section 568 of Code of Civil Procedure. But now, we have a new law, “the Law of Domestic Proceedings”. And we legislate for this new law in order to appropriately and promptly deal with the domestic cases, keeping human dignities, protection of gender equality and for the best interests of children. The Law of Domestic Proceedings is a special law, and has the new rules for the action of parent-child relationship. So I believe it has the value to research, and wrote this article about the rules of parent-child relationship. At the first, I would introduce and comment on the special rules of the Law of Domestic Proceedings (e.g. mediation, the party''s standing to bring a suit, process capability and the representative in the law of domestic proceedings). Then, I would combine substantive law with procedural law to investigate the presumption of legitimacy, disavowal of legitimacy, the elements of acknowledgement institution, the disputes of disavowal of acknowledgement, revocation of acknowledgement and nullification of acknowledgement. I hope to find the issues on apply to the Civil Law with the Law of Domestic Proceedings and put forward some opinions to solve it.