| In recent years, the problem of abandoned baby is particularly serious, which caused a huge and far-reaching impact on economic and social development of China. The importance of properly solve the problems of abandoned baby in the real world is increasingly prominent, and according to the existing relevant laws, we still have a long way to go to solve the problem of abandoned baby, faced with the aggravation of the problem of abandoned baby, it is extremely urgent to strengthen the protection of rights and interests of abandoned baby, as well as to improve the legislation of adoption system in our country. The paper aims to protect the rights and interests of abandoned baby, and explore the related issues about the legislation of adoption system of abandoned baby.The title of this paper is "Legislation of abandoned baby adoption system", and contend is composed of four parts totally.The first part is an overview of our abandoned baby adoption system, which expounded the main causes of abandoned babies in China, concepts and features of the abandoned baby adoption, the principle of abandoned baby adoption, and legal relationship elements of abandoned baby adoption.The second part is the existing legislation insufficient of abandoned baby adoption system, which was elaborated mainly from the conditions of adopters,aspects of review methods,revocable adoptions, trial adoption period system, the confidentiality clause, and supervision after the establishment of adoptive relationship.The third part is national adoption system legislation status and its inspiration, which introduced the legislation about abandoned baby adoption system of Germany, Britain, the United States, and summed up inspiration from the three countries’ abandoned baby adoption system. It would have a certain use for reference for the improvement of abandoned baby adoption system in China in future.The fourth part is the legislation improvement of abandoned baby adoption system, which is the most important part of the paper. Firstly, it explained the necessity to perfect adoption system legislation from the aspects of the respect and protection of human rights, the protection of abandoned babies’ legitimate rights and interests, abandoned babies’healthy growth in intact families, the maintenance of the authority and impartiality of adoption law, the reply to the severity of adoptive issues.Secondly, it explained how to improve our legislation of abandoned baby adoption system from the aspects of relaxing the conditions for adoption appropriately, increasing the provision of substantive reviews of adopters,adding revocable adoptions, establishing trail adoption period system, improving confidential system in the process of adoption, building a comprehensive supervision system after the establishment of the adoptive relationship. |
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