On The Reconstruction Of Adoption System

As an important part of law of domestic relation,the Adoption Law of the People's Republic of China plays an important role in the development of family relations and social stability.Our adoption law adapted in 1991 only admits full adoption,but the current adoption system is difficult to coordinate with the relevant laws and policies,with the introduction of General Principles of Civil Law of the People's Republic of China in 2017 and the full operation of the "two-child policy" in 2015.At the same time,regulations of substantive conditions on the adopters' the age and status has also been out of line with the complex family structure and the actual adoption needs,which directly makes adoption in China difficult and disordered.Therefore,the author tries to start with the existing problems in the current adoptive relations,and study the deficiency of adoption system in China,to find the corresponding measures.Research on the current adoption system owns meanings of two aspects: first,the reconstruction of existing adoption complies with the maximum protection of the adopted,while taking adopters' interests into consideration,which makes more children in need attend school in the school age,and enjoys the warmth of family.Second,the reconstruction of existing adoption facilitates the convergence of laws and regulations of other departments,in order to provide guidance for the judges to properly resolve all kinds of adoption disputes and maintain social harmony in the judicial practice.This paper discusses the reconstruction of China's adoption conditions from the following three parts:The first part is to discuss and study the background of the reconstruction of adoption system in China.The necessity of reconstructing the adoption system and the background of the reconstruction of the adoption system are expounded and analyzed,from three increasingly important aspects in the modern adoption legislation: changes in fertility concept and social adoption demand,the increasing burden on family support in the aging society and the "principle of the maximum interests for children".The second part is to analyze the design defects of adoption system in China.The current status and problems of the adoption legislation will be mainly analyzed in the following six aspects: the limited condition of adopters,the limited range of the adopted,the incomplete restrictive condition of the age gap among heterosexual adoption,the imperfect stipulation among the adopted and adopters,the lack of substantive examination and the judicial intervention on the adoption condition,and the imperfect adoption law involved foreigners.The third part is the concrete assumption for the reconstruction of adoption system in China.By drawing on the laws and provisions of other countries and regions with perfect adoption system,corresponding measures and solutions are put forward,according to the problems and deficiencies in the second part.Therefore,adoption laws can accord with the needs of the society,and coordinate with various departments,to make judicial practice more orderly.