Abstract
The United Nations General Assembly adopted the Convention on the Rights of the Child (CRC) and opened it for signature on 20 November 1989. It got little attention in Taiwan except few Non-Governmental Organizations. Grand Justices of Taiwan referred to CRC for the first time and recognized the child's right to know parents as rights guaranteed by Constitution in the Judicial Interpretation Number 587. This Judicial Interpretation also motivated the legislature to amend the civil law on marital children issue. However, this author argues that this interpretation has wrongly misread the CRC. The Interpretation excluded the other existing thoughts besides ”The principle of blood lineage” in Taiwan's Civil Law Code. The Judicial Interpretation created CRC's normal meaning in Taiwan's domestic law. The author thinks that this interpretation will bring the crisis in the system of ”Disavow Legitimacy”.This article will first examine the legislature history of the CRC and explore the different thoughts on the Legitimacy Assumption in comparative law perspective. Then the author will reexamine the method of the above-mentioned Judicial Interpretation, and explore the further development of the ”Disavow Legitimacy” system in the civil law code.
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