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On The System Of Adoption Of Minors

Posted on:2011-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LiuFull Text:PDF
GTID:2166360305981280Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Today, many countries have begun to establish or protect the interests of the child to gradually improve the system. The field of adoptive parent-child relationship as an important system also conform to strengthen efforts to protect the interests of children in this world trend and protect the interests of children the principles and spirit shown by the adoption law in all countries increasingly prominent, showing for the state supervision of Marxism in modern countries Adoption of the tendency to become increasingly evident. "Child's best interest principle" take the child as a separate subject, but the children's own ability to congenitally deficient, so that relations can not be adopted to safeguard their own interests. Therefore, this article will look for the Adoption Act, the public authority should intervene the relationship between adoptive children to make up for lack of capacity to maintain the interests of the adoptee.This article is based on China's Adoption Law combing against the interests of minor dependent children of public power to protect the status quo, comparative study of civil law and common law adoption law in some countries, the provisions of public power to protect against China's current system of adoption of this shortcoming, the relevant legislations in the legal system to perfect the idea.In addition to the introduction and conclusions of the paper, there are four major parts in the text,a total of more than 30,000 words.The body is divided into four major:The partâ… mainly talks about the necessity of public power to protect the interests of children. Through the literature of international human rights provisions to protect the interests of children's introduction, we can see the interests of the protection of minors has become China's government's responsibility in parent-child area of the law.China should establish the principle of child's best interests first,then adopt the principle of giving priority to the child's best interests of the exposition, including its meaning, the necessity inherent in the requirements set out, noting that the rights of children as independent subjects, the state should be backed by public power to protect the interests of minors.The partâ…¡mainly instructs the comparative study of the common law and civil law in some countries,research the provisions relating to the protection of public power. Focused on the conditions and procedures for adoption from the adoption system of these two aspects of comparison, so we can point out the relationship between the public authority to adopt the degree of intervention. Finally, the provisions of Two Schools of analysis and evaluation.The partâ…¢is mainly on China's adoption law in the public power to protect the status quo should be straightened out. This part will study China's current conditions for adoption under the Adoption Act.Based on the current situation of China's adoption system, and pointed out that China's current adoption laws in the lack of protection of public authority.The Part IV based on the third part, refers to China's adoption law regarding the protection of public authority shortcomings. The legislations put forward a sound idea, and point out that the adoption under the conditions of our country are too strict, is not conducive to the establishment of adoptive relationship, the adoption should be relaxed conditions. Adoption procedures, the civil affairs departments of the review is carried out by a mere formality, should strengthen the supervision of the adoption process.
Keywords/Search Tags:Minors, Adoption system, Child's best interest principle, Protection of public power, Legislative proposals
PDF Full Text Request
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