Researching Into Problems Of Application Of Law In Foreign Adoption

Vary with development of the living condition of social material, the behavior of adopting nowadays mostly have a double function: First, make the homeless child enjoy the warmth of the family; Second, can meet the hope of enjoying family happiness of family without children. So adopting the behavior must be given consideration to and adopted the interests of both sides. Just because of adopting the humanized characteristic of the system and important social effects had, so as to adopt the behavior and cross over the national boundaries gradually. Concerning foreign affairs to adopt, become one have universality world phenomena gradually. According to relevant to study materials indicate begin the eighties 20 world, in 20,000 the above-mentioned at least by transnational children that adopt every year, with the constant increase that adopts concerning foreign affairs, the country involved is increasing constantly too, relevant legal connections are frequent gradually too. Because of adopting legal system degree as the relative, receive influence in many aspects such as political, economic, culture, religious belief even historical tradition in the country of a country, various countries to far from each other legal provisions that adopt, this produce concerning foreign affairs legal conflict and legal application of adoptive relationship.Full text divide into four chapter, through to law science theory, case, legislative exposition and analyze, come, study concerning foreign affairs legal application that adopt of clause, our country accede to Hague " Convention on Protection of Children an Co-operation in respect of Intercountry Adoption " already, this to improve of our country concerning foreign affairs law applicable regulation, incorporate international unitized process positive role of playing of law of adoption. Chapter one to concerning foreign affairs to adopt summary. Chapter two explain concerning foreign affairs legal conflict that adopt that various countries exist and to concerning foreign affairs to adopt the applicable regulation of law, and has introduced the other problems that exist while adopting concerning foreign affairs briefly. Chapter three prove Hague provision that the law of adopting concerning foreign affairs is covered by " Convention on Protection of Children an Co-operation in respect of Intercountry Adoption ", have put forward the weak point that the convention exists. Chapter four analyze our country to be concerning foreign affairs to adopt the overview that legislates at first, introduce our country to be at present concerning foreign affairs to adopt law suitable to apply current situation and explain our country to be concerning foreign affairs to adopt legislative orientation that applicable law chooses of regulation, analyze our country accede to Hague Intercountry Adoption important meaning to adopt convention and our country at present concerning foreign affairs to adopt law suitable to apply disappearance of regulation finally, and has proposed some ideas and suggestions in view of the above.