| Defective adoption has been a large number of acts in our country.In April 1st 1992,the Adoption Law has made detailed provisions on the essential elements and formal elements of adoption,as well as on the effectiveness of adoption.The rights and obligations between adoptive parents and adopted children provide the basis for the settlement of a large number of adoptive disputes.However,due to the lack of popularization of the adoption law in China and the restrictions of various conditions in remote areas,it is complicated by flawed adoption in reality.China's current adoption legislation still can not meet the actual needs.Starting from the case of termination of adoptive relationship by Lin and Li,this paper analyzes the causes,types,notarization and compensation of defective adoption,and then puts forward some relevant suggestions on the adoption legislation of our country.This paper is divided into three parts:The first part: case introduction and analysis of controversy focus.This part introduces Lin Mou v.Li termination of the adoption of the case and the result of the judgment,and three controversial focus: whether the adoption of the case is established,the significance of the adoption notarization and the plaintiff has the right to request compensation.The second part: analyze the dispute focus of this case.This paper analyzes the identification of defective adoption,introduces and evaluates the relevant legislation of foreign countries,analyzes the effectiveness of adoption and notarization in this case,and whether the plaintiff should be compensated in this case.The third part: the legal thinking caused by the case.Including modifying the requirements of the establishment of the adoptive relationship,adding the system of incomplete adoption,the prescription system of adoption,the revocation of adoption,and so on,bringing more adoptions into the scope of legal adoption,and better regulating defective adoptions.Balance the rights and interests between the parties. |
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