Parent-Child Relationship in the Civil Code of China
The purpose of this article is to familiarize readers with the Chinese Civil Code, which entered into force in early 2021, and to draw their attention to the changes brought about by the Marriage and Family Book, which is now included in Volume V of the new code. The paternity system best reflects t...
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| Format: | Article |
| Language: | English |
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MDPI AG
2022-12-01
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| Series: | Laws |
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| Online Access: | https://www.mdpi.com/2075-471X/12/1/1 |
| _version_ | 1797894988530450432 |
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| author | Wenting You |
| author_facet | Wenting You |
| author_sort | Wenting You |
| collection | DOAJ |
| description | The purpose of this article is to familiarize readers with the Chinese Civil Code, which entered into force in early 2021, and to draw their attention to the changes brought about by the Marriage and Family Book, which is now included in Volume V of the new code. The paternity system best reflects the changes in the Chinese Marriage and Family Book, especially Article 1073. A complete paternity system includes presumption, claim, and denial of the parent-child relationship. However, Article 1073 of the Civil Code, which regulates the parent-child relationship, is a guiding provision with a lack of operational rules. It is necessary to make general rules for operation and enforcement by adding supporting rules, including the presumption of legitimate children, the claim of children born out of wedlock, the denial of legitimate children, and other operational rules, to resolve paternity disputes. The Civil Code also makes changes to the adoption system in the Marriage and Family Book, mainly by further restricting the conditions for adopters with the aim of protecting the interests of the adoptee children. Although the Chinese Civil Code retains the concepts of legitimate and illegitimate children, in essence, there is no difference in their rights and legal status, including the right to inheritance. In conclusion, the legislative norms of paternity determination improve the Chinese paternity system, but lack operability, and it is important to accumulate experience through practice and draw on custom and jurisprudence to develop specific operational rules that complement the legislative provisions. This is exactly what this paper will address and the knowledge gap it will fill. |
| first_indexed | 2024-04-10T07:19:23Z |
| format | Article |
| id | doaj.art-2c65731d850e431190611eb8a8a08062 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-04-10T07:19:23Z |
| publishDate | 2022-12-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-2c65731d850e431190611eb8a8a080622023-02-24T15:14:38ZengMDPI AGLaws2075-471X2022-12-01121110.3390/laws12010001Parent-Child Relationship in the Civil Code of ChinaWenting You0School of Law, Shanxi University, Taiyuan 030006, ChinaThe purpose of this article is to familiarize readers with the Chinese Civil Code, which entered into force in early 2021, and to draw their attention to the changes brought about by the Marriage and Family Book, which is now included in Volume V of the new code. The paternity system best reflects the changes in the Chinese Marriage and Family Book, especially Article 1073. A complete paternity system includes presumption, claim, and denial of the parent-child relationship. However, Article 1073 of the Civil Code, which regulates the parent-child relationship, is a guiding provision with a lack of operational rules. It is necessary to make general rules for operation and enforcement by adding supporting rules, including the presumption of legitimate children, the claim of children born out of wedlock, the denial of legitimate children, and other operational rules, to resolve paternity disputes. The Civil Code also makes changes to the adoption system in the Marriage and Family Book, mainly by further restricting the conditions for adopters with the aim of protecting the interests of the adoptee children. Although the Chinese Civil Code retains the concepts of legitimate and illegitimate children, in essence, there is no difference in their rights and legal status, including the right to inheritance. In conclusion, the legislative norms of paternity determination improve the Chinese paternity system, but lack operability, and it is important to accumulate experience through practice and draw on custom and jurisprudence to develop specific operational rules that complement the legislative provisions. This is exactly what this paper will address and the knowledge gap it will fill.https://www.mdpi.com/2075-471X/12/1/1marriage and family lawprivate lawparent-child relationshippresumptionadoptiondenial of legitimate children |
| spellingShingle | Wenting You Parent-Child Relationship in the Civil Code of China Laws marriage and family law private law parent-child relationship presumption adoption denial of legitimate children |
| title | Parent-Child Relationship in the Civil Code of China |
| title_full | Parent-Child Relationship in the Civil Code of China |
| title_fullStr | Parent-Child Relationship in the Civil Code of China |
| title_full_unstemmed | Parent-Child Relationship in the Civil Code of China |
| title_short | Parent-Child Relationship in the Civil Code of China |
| title_sort | parent child relationship in the civil code of china |
| topic | marriage and family law private law parent-child relationship presumption adoption denial of legitimate children |
| url | https://www.mdpi.com/2075-471X/12/1/1 |
| work_keys_str_mv | AT wentingyou parentchildrelationshipinthecivilcodeofchina |