Reflection On The Perfection Of The Adoption Legislation In Our Country

Adoption system is an important component of domestic system. A perfect adoption legislation is conducive to the realization of both the stability of the adoption order and humane solicitude of law for the party of adoption. This thesis explores the existing flaw of the adoption legislation in our country, and raises the suggestions of perfection. It also tries to work out a suggestive draft of legislation, which is a reference for legislation.The thesis is divided into five parts.The first part is a general introduction to adoption legislation, including the definition and character law of adoption, the mode of adopted legislation, historical development of adoption legislation, and the analysis of the trend of development of adoption legislation in future.The second part is about the range of parties concemed in the adoption relation. It analyzes the limits of the parties concerned. The thesis also puts forward that in the process of legislation, we should soften the terms on adult's adoption, improve the system concerning abandoned babies, establish the trans—adoption system.The third part discusses the important conditions in forms of adoption formation. It focuses on the exploration of the existing drawback in forms of the adoption legislation in our country and suggest that the state's administrative power should be introduced in future legislation, people's court should be given the power of examination over adoption behavior. The system of trial—adoption should be established.The fourth part is about the incomplete adoption system. It analyzes the feasibility of the introduction of the incomplete adoption system to the adoption legislation in our country. It is suggest that when the step-children adopted by step—parents should be applied incomplete adoption.The last part deals with the void adoption system. The prescription of the void adoption system in the current adoption legislation in our country is too simply to be workable. Thus this thesis suggests that a clear definition of the legal causes of void adoption should be given in future legislation, the revocable adoption system should be established and the power of declaring the void adoption should be conferred to people's court only.