The Perfection Of Adoption Revocation System In China

Defective civil Juristic Act is divided into invalid civil Juristic Act and revocable Civil Juristic Act in civil legal system.Before the enactment of the general principles of civil law,the Adoption Act provided for invalid adoptions only and did not provide for revocable adoptions.The registration method of Chinese citizens’ adoption of children is based on the Division of Civil Juristic Act and revocable Civil Juristic Act in accordance with the general principles of civil law,and it is clear that the adoption relationship is invalid.After the promulgation of the general principles of civil law,the invalid Civil Juristic Act and the Revocable Civil Juristic Act are divided,and the validity of the "false" adoption Act should be classified as revocable adoption by fraudulent civil acts.This change leads directly to the conflict between civil law and administrative law in the protection of adoptive relationship,that is,the conflict between the provisions in the general principles of civil law and the no time limit of the application of administrative revocation of adoption.In the system of adoption revocation,in addition to focusing on the applicable conflicts within the existing legal system,we should pay attention to the spouses who have the right of consent,and should give the relief way when the establishment of adoptive relationship violates their autonomy of meaning.In addition,the birth parents or guardians of trafficked children find trafficked children and request the return of their children,the existing legislation stipulates that the institution and the adoptive person must terminate the adoption of the relationship is not in accordance with the adoption of the law on the lifting of the provisions,from the point of view of the abolition of the adoption of such As mentioned above,it is necessary to study the repeal and application of adoption law based on the provisions of the general principles of civil law,and combine with the particularity of the subject involved in adoption law,put forward some perfect suggestions for future writing to Civil Code,such as extending the subject of revocation to the spouse,the birth parent or guardian of the abducted child To refine and limit the circumstances of the cancellation applicable to the subject of different cancellation rights,and to adjust the application of the revocation during adoption.