On The Principle Of Bese Interests Of The Child In Adoption System

The principle of the best interest of the child originates from western religious culture and the western civilization. As The application of the convention on the rights of children into national affairs, the principle has become the supreme principle for dealing with the children all over the world. Adoption is primarily for minors (children), and therefore the principles associated with adoption system is inevitable, that is, the principles for the modern national adoption legislation also formulate and perfect the highest principle and guiding ideology. In this paper, in addition to the preface, there are four chapters. First chapter specifically legal basis of children’ rights protection in the adopted in the system, is based on the needs of justice, based on the needs of the human rights protection, based on the needs of the development of society, The principle of the best interest of the child conforms to the law for children’ rights theory. Second chapter in this paper I want to explain the relationship between The principle of the best interest of the child and adoption system, and the principle in adoption system changes from "to quasi-legal doctrine of patrial podestas" to "tender years doctrine" to "The principle of the best interest of the child", and these changes are the embodiment of the human civilization to promote humanistic care. the third chapter discusses that using The principle of the best interest of the child into the adoption system is facing some practical problems, such as gay adoption issues, public power in specifications in the process of adoption hole problem-officials through the adoption of rent-seeking, the adoption of disabled children, the adoptee and the original kinship relatives (parents, grandparents, maternal grandparents, biological brothers and sisters) visitation issues should be pay attention. Chapter4through the perspective of The principle of the best interest of the child to perfect China’s adoption of legislation like putting forward appropriate to relax the adopter conditions, such as appropriate to relax the adopter and the adoptee age limit and that gay adopt children shall case processing, to encourage private adoption for disabled children by material or spiritual incentives, making sure the responsibilities of public security organs, adopt family planning departments, civil administration organization in the process of the supervision, improve the legislation of visitation right in adoption system, and addition incomplete system of adoption, in order to solve Practical problems of the adoption system.