Research On The Problems Of De Facto Adoption In China’s Rural Area

Complicated social life is changeable，but the statute law doesn’t adjust itselfwith the social change. Adoption of legal norms established by adoption law of thePeople’s Republic of China (1999Amendment) and related legal documents havebeen far behind in social practice, especially in China rural area, there is prevailingphenomenon of de facto adoption, which leads to the conflicts between statutoryadoption and de facto adoption.As the basis of theoretical structure，the rural society with widespreadphenomenon of de facto adoption is suitable to be selected as the investigation place.By empirical analysis, it reveals the social factors for the prevalent phenomenon ofde facto adoption in china rural area, with interviewing some typical cases of defacto adoption to find the development background of society, economic, culture inthe researched area and inherent qualities property of the rural social environment inde facto adoption development of stages. Then, from those aspects such aslegislative restrictions on the adopter’s age and adopter’s childless status, barrier inadoption registration procedures, new problem of de facto adoption in the ruralsociety, it mainly analyzes the defects and deficiencies in current adoptionlegislation in the following areas: legislation angle, adoption registration proceduresand adoption regime design etc. The function of law is to seek solutions to socialproblems. From the perspective of the historical evolution of adoption system inChina and its International development trend, it is necessary to improve the currentadoption legislation.When identifies the origin of the system of adoption, it finds out the “living law”theory as a basic theory of adoption system and summarizes the principles to befollowed in the adoption legislation through historical analysis. Lastly, for the mainproblems mentioned above, it puts forward some feasible countermeasures andsuggestions for related authority to amend the law to regulate the pervasive problemsof de facto adoption in china rural area.