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我国现行婚姻继承法体系对非婚生子女的法律地位予以明确界定,非婚生子女与婚生子女受到法律的同等保护。但确认亲子身份的准正、认领制度却付之阙如。为切实维护非婚生子女的权利,应建构非婚生子女与婚生子女转换的诉讼渠道,明确赋予非婚生子女与利害关系人以诉讼权利。目前,可通过提高案由的级别以涵摄相关案件,以期消除对非婚生子女的歧视进而给予充分的法律保护。
The current system of inheritance of marriage in our country clearly defines the legal status of children born out of wedlock. Children born out of wedlock and children born in wedlock are equally protected by law. However, to confirm the identity of parent-child identity, the claim system has been paid. In order to effectively safeguard the rights of illegitimate children, it is necessary to establish litigation channels for the conversion of children born out of wedlock and children born in wedlock, and explicitly give litigious rights to children born out of wedlock and interested parties. At present, the relevant cases can be enacted by raising the level of the case so as to eliminate discrimination against illegitimate children and thus provide adequate legal protection.