On The Perfection Of The Adoption Legal System Of China

The adoption system is has a long history,which plays an indispensable role in human social life.Under the influence of the legislative environment and the legislative technologies, our present legal system of adoption is still imperfect,which makes the value of the law restricted.The thesis explores the existing flaw of the adoption legislation in our country and raises some suggestions of perfection to stimulate more ideas from others.Besides the introduction and the epilogue,the thesis contains three parts:The first part is a general introduction to adoption legislation,which aims at introducing the meaning and characteristics of the adoption,the historical development of the adoption legislation,and the analysis of the trend of development of the adoption legislation in future. This part introduces the adoption system macroscopically,making the readers have a basic knowledge of the adoption legal system and preparing for the following parts.The second part is the examination and interpretation of the adoption legislation.It briefly introduces the regulation of the adoption legislation in our country and analyses the existing flaw of the adoption legislation against the adoption problem in our lives,which is including the existing adoption legislation does not permit adult to be adopted,it can not solve the problem of the adult's adoption and meet the elderly through the adult's adoption would like to entertain the desire to comfort his(her) old age;the regulation of the scope of the adopter is too strict,which should be relax in the event of earthquakes,floods and other serious natural disasters,as well as the adopter's first children could not grow up as normal labor force;the adoption registration does not have an essential investigative procedure which makes the adoption process a mere formality and cannot protects the adopter and adoptee's legitimate rights and interests,and even give criminals an opportunity;there is no emotional accumulation process between the adopter and adoptee;the present system of adoption in our country only regulates the complete adoption,which can not meet the modern needs;due to the lack of adoption supervision mechanism,there are many cases about abusing and depriving the adoptee's right to education in real life;as the party of the adoption relationship, the minor who reaches the age of 10 should have the dissolution of the adoption relationship; grant the person who contravenes the confidentiality provision should assume civil liability to safeguard the legitimate rights and interests of the parties of the adoption relationship,and so on.The third part is the perfection of the adoption legislation.It offers some proposals to the existing flaw of the adoption legislation that is raised in the second part,including that we should soften the terms on adult's adoption;under special conditions,remove the term that the adopter should have no children;the adoption registration should take an essential investigative procedure;detail appointment terms of the adoption registrar to improve the professional quality of the adoption registrar;the system of trial-adoption,the trans-adoption, the adoption supervisory mechanism,the incomplete adoption system should be established; the minor who reaches the age of 10 to should have the dissolution of the adoption relationship;person who contravenes the confidentiality provision should assume civil liability,and so on.In the end,it summarizes the thesis,tries to work out a suggestive draft of legislation, which is a reference for legislation.The author absorbs the essence of domestic and international legislation,raises some suggestions against the problems of our existing adoption legislation on the basis of previous studies,expecting it perfect as soon as possible.