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非婚生子女认领制度是民法中规范亲子关系的重要法律制度。认领制度作为亲子关系的重要内容,我国现行法律无系统和完整的规定,这不能不说是我国婚姻家庭立法的一大缺憾。借鉴国外立法例,立足于我国现实,本着保护未成年子女合法权益的原则,对认领制度进行研究和探讨,并就如何构建我国认领制度提出设想,以期全面完善我国婚姻家庭法制。
The system of claiming children born out of wedlock is an important legal system governing the parent-child relationship in civil law. As an important part of parent-child relationship, the system of claiming has no systematic and complete provisions of the current law in our country. This can not but be regarded as a major shortcoming in the legislation of marriage and family in our country. Based on the reality of our country and based on the principle of protecting the legitimate rights and interests of underage children, this paper makes a study and discussion on the claiming system, and proposes how to construct our country’s claiming system so as to improve the legal system of marriage and family in our country.