试论在我国建立婚生子女推定制度——对婚姻法修改的补充思考

On Establishing the System of Presuming the Children Born in Wedlock in Our Country ——The Additional Thought about the Revising of the Marriage Law

婚生子女推定 ,即推定在婚姻关系存续期间受胎或出生的子女与生母之夫有血缘关系 ,是生母与其夫的婚生子女。这一制度在国外立法中已有一百多年的发展历史 ,具有较强的生命力。我国司法实践中有婚生子女推定的作法 ,却没有明文立法 ,不久前颁布的《婚姻法修正案》也未采纳设立婚生推定制度的立法建议。我们认为 。

To presume the children born in wedlock is to presume the children who are conceived or born in the marriage period are the legitimate children of their mother and their mother's husband. This system has been developed for over one hundred years with strong vitality in external law. In our country, there is the judicial practice of presuming the children born in wedlock, but no express provisions in law. The recommended provisions of the system were not adopted in the newly published bill of amendment of marriage law. To remedy the defect of legislation and establish the system is the urgent need of both the social life and judicial practice in our country.