法与伦理的交织:婚生否认之诉中适格原告分析

The Mix of Law and Ethic:the Analysis of the Due Plaintiff of the Action of the the Action of the Denial of Legitimate

婚生否认之诉是人事诉讼程序中的重要组成部分。与我国大陆社会伦理观念较为相近的台湾地区,其民法亲属编经过十余次修正,其亲属法日益与世界亲属法的潮流相融合。反观我国亲属法和民事诉讼法,仅就婚生否认之诉中适格原告问题仍无法达成一致。而适格原告是成功构建婚生否认之诉的前提。借鉴德国及我国台湾地区等成功立法经验和结合我国现状,论证我国婚生否认之诉的诉讼主体不仅限于夫、妻及子女,还应有条件的包括第三人。

The action of the denial of legitimate is an important component of personnel procedure. Taiwan is similar to the China's Mainland in the traditional social ethics, its relatives of the civil law has amended more than ten times, so its relative law increasingly combines on the trend of the world relative law. In China family law and civil procedure law, however, it seems that they couldn＇t reach an agreement about the real subject of the litigation. While confirming on the subject of the litigation is the fundament of constructing the successful action of the denial of legitimate. With the successful experience from Germany, Taiwan for reference, combined with the current law, this essay will put forward the scope of the subject of this action is not only limited to husband, wife and children, shall also including the third person in particular conditions.