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亲子关系是确定亲子间一切权利义务的前提和基础。我国现行的亲子法及其相关制度中,亲子关系的推定是作为亲子关系确认中最为基础的部分,同时也是最为关键的内容。然而,随着社会的发展、时代的变迁,作为与人们生活密切相关的一套法律,由于人们婚恋观念和生活观念的改变,越来越多的亲子关系推定问题相继浮现,迫切需要司法机关加大改进与完善力度。就目前来看,我国在民法中尚未形成一套完备的亲子关系推定制度,所以近几年才出现了看似如此荒谬的大众话题“证明你爹是你爹”。究其原因,还是在于我国户口登记制度不健全所致,更深层次来看待这一问题,则要归咎到亲子关系推定制度的人性法律的缺失。本文以为,我国现阶段非常有必要借鉴和学习世界各国家、地区亲子关系立法的有效成果。
Parent-child relationship is the prerequisite and basis for determining all the rights and obligations between parents and children. In China’s current paternity and parentage system and its related systems, the presumption of parent-child relationship is the most basic part of parent-child relationship confirmation and the most crucial one. However, with the development of society and the changes of the times, as a set of laws closely related to people’s lives, more and more parent-child relationship presumptions are emerging due to the change of people’s love and marriage concepts and life concepts, which urgently require the judiciary Great improvement and improvement efforts. For now, our country has not yet formed a complete system of presumption of parent-child relationship in the civil law, so what appeared to be a ridiculous public topic in recent years was “proving your father is your father.” The reason lies in the incomplete account registration system in our country. If we take a deeper look at this issue, we should blame the absence of human laws on the presumption of parent-child relationship. This article believes that at this stage in our country, it is very necessary to learn from the effective achievements of the legislation on parent-child relationship in all countries and regions in the world.