单亲亲子鉴定及其法律问题思考--附275例单亲鉴定分析

目的探讨单亲鉴定及其有关的法律及社会问题. 方法对1998年1月至2002年12月275例单亲鉴定进行回顾分析,对案例的数量、来源、鉴定事由、鉴定结论等作统计分析. 结果单亲鉴定近3年明显增多,占亲子鉴定总数的三成.案例来源以自诉为主,占95.27%.鉴定事由中,怀疑妻子有婚外性关系为主 ,占88.36%.275例单亲鉴定中,排除亲生关系39例,占14.18%.结果表明,非婚生子女只占少数. 结论自诉单亲鉴定存在法律盲区,但在维护家庭稳定具有一定作用.受理单亲鉴定宜取慎重态度,有关的社会及法律问题需要解决.

Consideration of one-parent paternity testing and related legal problems: analys is of 275 cases

Objective To considerate the one-parent paternity testing and related social and legal problems. Methods The retrospectively analysis of 275 one-parent paternity testing cases was done ranging from Jan.1998 to Dec.2002. We did the statistic analysis of the number, sources, testing reasons and conclusions of these cases. Results The results suggest that the number of one-parent paternity testing case has a rapid rise in the last three years, which makes of above 30% of the total paternity testing cases. The dominant source of the cases was from personal consulting, which makes of 95.27%. The main reason of testing was that the husbands suspected their wives had sex relationship out of marriage, which make of 88.36%. In 39 cases (14.18%) of these 275 cases, the paternity was excluded, which suggest the wives are innocent in most of the cases. Conclusion There is deficient area in legal system according to the one-parent paternity testing from personal consulting. This testing can also be useful to maintain many families in some cases. So, people should be careful when accepting these cases and related social and legal problems should be resolved.