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DNA 亲子鉴定,于家庭爱情范畴而言,是一柄双刃剑,如何应用它,是一个比较棘手的问题。江西人民律师事务所熊劲松律师陈述了他的看法,他说,在本案中李某其实并不拒绝承担抚养费,只是对亮亮的身份提出质疑,在这种情况下,他只有通过亲子鉴定才能达到确认真相的目的,但是陈某的拒绝鉴定给法院出了一个难题,现行相关法律并无这方面的规定,只有最高人民法院副院长在《最高人民法院关于人民法院在审判工作中能否采用人类白细抱抗原作亲子鉴定问题的批复》中规定:“鉴于亲子鉴定关系到夫妻双方、子女和他人的人身关系和财产关系,是一项严肃的工作,因此,对要求作亲子关系鉴定的案件,应从保护妇女、儿童的合法权益,有利于增进团结和防止矛盾激化出发,区别情况,慎重对待,对于双方当事人同意作亲子鉴定的,一般应予准许;一方当事人要求作亲子鉴定的,或者子女已超过三周
DNA paternity test, in terms of family love, is a double-edged sword, how to use it, is a more difficult issue. Xiong Jinsong, a lawyer at Jiangxi People’s Law Firm, stated his opinion. In the present case, Li said that he did not actually refuse to pay child support and just questioned the bright identity. In this case, he only passed the paternity test In order to achieve the purpose of confirming the truth, but Chen denied appraisal to the court out of a problem, the relevant laws currently do not have the provisions of this area, only the Supreme People’s Court vice president in the ”Supreme People’s Court on the trial of the people’s court can No approval of human white as antigen for paternity testing approved “states:” In view of the paternity test is related to the spouses, children and other personal and property relations, is a serious work, therefore, the requirements for parenting Relationship identification cases should be from the protection of the legitimate rights and interests of women and children, is conducive to enhancing unity and prevention of intensification of contradictions, to distinguish the situation, be treated with caution, for both parties agree to paternity test, generally should be allowed; one party asked for paternity test Or their children have been more than three weeks