On The Improvement Of The Adoption Legislation Of Minors In China

Adoption system, as an important system in the field of parent-child relationship, is being gradually established or improved in the world. Strengthen the protection of children's interest is adopted in the world today one of the trends in the field of legislation. Children benefit maximization of minors adoption of legislation in countries in the world is becoming more and more prominent. The adoption law of the People's Republic of China formally promulgated and after modification, established a relatively perfect system of minors to adopt, but there are still flaws and unreasonable places. Therefore, in order to better protect the interests of the minor adopted people, follow the "children's interests maximum principle", inspect the minors in our country adopt system, analyze of adoption system causes of problems, by reference to the dialectical lessons from foreign adoption legislation experience, face to the lack of the adoption law existing in China and put forward some perfect suggestions. The full text besides preface and conclusion, the text has three parts:The first part is that the current situation of minors in our country to adopt. The essay discusses the historical origin of r minors adoption system in our country, in order to lay the adoptee to minor interests to protect the theoretical basis. According to the time development order of history, through introduce our country history of adoption, we known that minor adopted system of our country has a long history, has experienced "LiSi" system until the contemporary system of new type of adoption.The second part is some problems existing in the current minors to adopt legislation in our country. This part combed the adoption law in our country to protect the interests of the minor adopted child of the status quo, discusses the current adoption law of adoption conditions, procedures, the adoption of lifting and adoption of the problems existing in the system of legal liability and so on adopted, points out history, economic and social reasons of existing problems of our current adoption system. Based on the present status of adoption system, analyze of minors in our country at present to adopt legislative defects and deficiencies, emphasis on the adoption law of the minor adopted in our country the protection of the people, to be perfect.The third part is suggestions about minors our country adopt legislation. This part first points out that the adoption of legislation to perfect our minors of cut to the chase of the guiding ideology is to maximize the interests of children and then for the purpose of children benefit maximization principle, aiming at mentioned in the second part of the minors adoption to the defects of legislation in our country, put forward to perfect the legislation idea and suggestions:reasonable planning of the adoptee minor range; to optimize the conditions of the adopter; try adding a period and social investigation procedure and adoption system; establish a fact adoption assistance system and adopt tracking system; improve the adoption of consent, termination right; perfect legal liability clause, etc.