On The Perfection Of The Adoption Legal System Of China

Adoption system is an important part of the family system. Adoption system is playing an indispensable role in human social life. Perfect adoption legal system help protect the legal rights of adopter and adoptee to foster harmony families, maintain the stable order of adoption system and work out the harmonious society. There is 12 years of time to amend Adoption Law. The current Adoption Law is deficient and couldn't follow the step of our society development, especially of orphans after the Wen Chuan violent earthquake. Owing to this, the perfection of Adoption Law is on the way.The author found that the form of adoption formation, the dissolution of the adoption relationship and the adoption legal liability are not perfect in current adoption legislation through consulting a large number of material, learning the theoretical knowledge of adoption legislation in China, understanding the international trend and the history of adoption legislation and comparing and analyzing Chinese and foreign adoption legislation.After analysis, the deficiencies of our adoption legislation display in many aspects. For example, the age of adopter must be above the thirty years old and have no children; the legal provision resents that the children under the age of 14 can be adopted. But the range of yeas of 14 to 18 is not covered; with the increasing one-child system in population ageing society, it can not solve the problem of the adult's adoption and meet the elderly through the adult's adoption who would like to entertain the desire to comfort their old age; the adoption registration dose not have an essential procedure which can protect the rights of adoptee; there are no trial- adoption and trans- adoption legal system; China's foreign-related adoption system has no explicit stipulation and detailed procedure; The adoptee has no rights to dissolute the adoptive relationship; As civil legal actions, adoption laws have not civil legal liabilities; the responsibilities of adoption registrar are not perfect.The author offers some proposals to the existing flaw of the adoption legislation through analysis of related theory knowledge, comparative analysis of Sino-foreign system and combined with actual situation in China, including that we should soften the terms on adult's adoption and the range of consignee should be expanded to the adult; the adoption legislation should establish an essential procedure system to check on its form at first and undertake investigation by civil registrar and make judgment by the civil litigation procedures. The trial-adoption system should be build to adjust psychological communication and raise emotional accumulation process between the adopter and adoptee; trans- adoption legal system should be also build; China's foreign-related adoption system should have explicit stipulation and detailed procedure to perfect foreign-related tracking survey system and strengthen the establishment of supervision; the age of 10 should have the dissolution of the adoption relationship; the legal responsibility of divulging a secret and privately adoption should be standardized.The thesis is divided into four parts.The first Part is a general introduction to adoption legislation, including the definition and character law of adoption, the emergence, historical development of adoption legislation, and the analysis of the trend of development of adoption legislation in future. This part makes the readers have a basic knowledge of the adoption legal system and prepares for the following parts.The second part analyzes the historical development and features and functions of our adoption system. And according to the trend of development and the existing flaws of adoption legislation, the writer analysis the necessity and feasibility of the perfection of the adoption legal system of China.The third part discusses the existing drawback in forms of the adoption legislation. Compared with foreign related legislation, this part focuses on some important problems to analyze defects and consequence of the adoption legislation. The main defects include the important conditions in form of adoption formation, the dissolution of the adoption relationship, adoption legal liability, and so on.The fourth part is the perfection of the adoption legislation. It offers some proposals to the existing flaws of the adoption legislation that is raised in the third part.To sum up, through the perfection of the form of adoption formation, the dissolution of the adoption relationship and the adoption legal liability, our adoption legislation will protect the rights of adopter and adoptee to adapt to the development of our society and to give a powerful legal support of building harmonious society.