试论非婚生子女的家庭法律保护

On the family support of laws for the children born in unmarried condition

随着人们婚育观念的变化,非婚生子女出生数量不断增加,强化对这一社会弱势群体的法律保护,是新时期立法的重点。应用"亲生子女"取消非婚生子女这一歧视性概念,建立非婚生子女的认领制度,解决非婚生子女生父的确认问题;扩大我国现有对继父母、继子女概念的解释,将非婚生子女与父或母的配偶关系,确定为继父母子女关系;规定非婚生子女生父或生母对子女的探望权,另一方的协助义务。

With the change in people's concept of marriage and child-bearing, the amount of the children born in unmarried condition is increasing continuously. One of the significant points for legislature in this new era is thus to strengthen the legal protection of this vulnerable group in society. The tasks around this issue include substitution of the discriminative concept of children born in unmarried condition with 'one's own children', setting up a system for adopting the children born from unmarried couple, and solution to the problem of identifying the father of the children born in unmarried condition. Besides, it also needs to enlarge the current interpretation of stepparents and stepchildren in China, and define the relation of the children born in unmarried condition with their real parents as that of stepparents. Meanwhile, establishing the right of the unmarried parents visiting their children and the cooperative obligation on the part of stepparents are important too.