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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The Constitutional Protection of Illegitimate Children

Chen, Cheng-cheng 30 July 2008 (has links)
Illegitimate child is commonly referred to as ¡§bastard,¡¨ which contains the implication of discrimination and original sin from social viewpoint. As far as law is concerned, private law doesn¡¦t provide protection for the rights of illegitimate children, whose mothers are therefore forced to file for compulsory recognition without considering consensus and depreciation to ensure their rights, and this is exactly the canker that ¡§Martial Presumption System,¡¨ which is worth further exploration. As for research method, historical method, comparative method, and citation analysis method and so on are adopted herein so as to cover domestic traditional system as well as foreign system. Furthermore, domestic scholars¡¦ articles on relevant issues are herein analyzed to seek protection for children on Constitution. Laws concerning illegitimate children falls into the category of private Law, for the aspects of relatives and inheritance are relate to legislative system and compulsory regulations which are beyond the governing of private autonomy. Additionally, the regulations of citizen¡¦s basic rights are not stipulated in detail and specifically on Constitution and must be supplemented by Civil Law. Nevertheless, in the respect of illegitimate children¡¦ rights, Civil Law obviously fails to reinforce the regulations of basic rights provided on Constitution. Therefore, it¡¦s a necessity to have it discussed at equal level of Constitution. This essay then focus on protection for children on Constitution and therefore adopts human dignity, personality right, family right, equity, property right, and litigation right recorded on Constitution to build the principal structure and study the protection for the rights of ¡§illegitimate¡¨ children on Constitution. Classifying children into legitimate children and illegitimate children will not only cause confusions in Civil Law system, but convert law into a means to discriminate illegitimate children and then result in public rights impracticable in law. As a result, amendment drafts are proposed herein, taking the abolishment of martial presumption system as the main idea that enables children whether whose parents got married or not to enjoy equal rights with the assistance of children¡¦s rights protection to enable Taiwan¡¦s parent-child relationship to compete with advanced nations.

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