论诉讼中的亲子鉴定

The Application of Paternity Test in Litigations

近年来,涉及亲子鉴定的亲子关系诉讼案件越来越多,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增加了难度。从审判实践出发,依据现有的零星的法律规定,对亲子鉴定的提起程序、亲子鉴定结论的证据效力及其审查判断等进行分析探讨尤为必要。

In recent years, more and more litigations related to parental relationships, which involve paternity test, have been brought into courts. Nevertheless, Chinese legal provisions that govern the application of paternity test are few; this causes difficulties for judges in deciding the facts of cases. From a practical angle and based on the few legal regulations, the author tries to discuss the application procedure, the evidential effect and the judging rules of paternity test.