关于亲子鉴定案件几个法律问题的探讨

近年来,涉及亲子鉴定的民事诉讼案件越来越多,而我国在亲子鉴定方面的法律规范却几乎处于空白状态,给法院在审理亲子鉴定案件时如何正确适用法律带来一些问题。法院在审理亲子鉴定案件时应正确、合理地运用举证责任分配的规则,优先保护未成年人的利益。当事人自行委托鉴定人所作的亲子鉴定结论具有证据能力,而其中DNA亲子鉴定结论具有很强的证明力。

Several Legal Issues concerning Cases of Identification in Disputed Parentage

In recent years,more and more civil cases involved in identification in disputed parentage have been occurring in our lives.Nevertheless,almost no laws or regulations in the area of identification in disputed parentage have been enacted so far in our country.Thus this situation bring about a series of issues occurring during the sessions on a trial of civil cases involved in identification in disputed parentage especially applying laws appropriately.It is the court's duty to apply rules of sharing out of burden proof correctly with reason in order that the protection of minors' rights and interests can be taken into a prior consideration during a trial of civil cases involved in identification in disputed parentage.Conclusions drawn from identification in disputed parentage which either of parties entrust to appraisers on their own possess evidence capability,while conclusions from DNA identification in disputed parentage possess strong demonstrating strength.