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亲子鉴定作为现代科学技术的产物,在当前的民事审判中可谓是解明亲子关系的利器。然而亲子鉴定也是把双刃剑,一旦适用不当,则可能加速婚姻解体、制造亲情破裂的人伦悲剧,演变成“伤子鉴定”。正是由于我国在亲子鉴定方面现行法律规范的缺失,实践中法官对亲子鉴定的适用难以适从,滥用亲子鉴定导致现实社会问题频出。本文立足我国的亲子鉴定现状,针对亲子鉴定在法律适用中存在的问题,着眼亲子鉴定应当确立的适用原则,探讨如何规范亲子鉴定在亲子关系纠纷中的适用,以期对完善我国亲子鉴定法律适用有所助益。
Paternity testing, as a product of modern science and technology, can be described as a weapon to explain the relationship between parents and children in the current civil trial. However, paternity testing is also a double-edged sword, once improperly applied, it may accelerate the dissolution of marriage, creating a tragedy of human relations tragedy, evolved into “injury identification ”. It is because of the absence of the current legal norms in the field of paternity testing in China. In practice, the application of the paternity test to judges is difficult to adapt to. Paternity tests are often abused to cause frequent social problems. Based on the status quo of paternity testing in our country, this paper focuses on the problems existing in the application of paternity testing in law and pays attention to the applicable principles that paternity testing should establish. It also discusses how to standardize the paternity testing application in paternity disputes so as to improve the application of paternity testing in our country Help.