Defects And Perfection Of Current Adoption Law In China

The current adoption law was enacted in 1992 and amended in 1998.It has been implemented for 26 years.With the changes of society,various subjective and objective conditions has changed so much that the current adoption law can no longer meet the needs of society.Taking the opportunity of compiling the civil code,it is of great theoretical and practical significance to propose a feasible plan for improving the adoption law by drawing lessons from foreign legislation on the base of our social realities.The defects of the adoption law are exposed from two aspects.One is about the legislation concept,the other is about the institutional design.In the aspect of legislation concept,the adoption law are over connected with the family planning policy,which inhibits the realization of the legal value of adoption law.In the aspects of institutional design,there are mainly five problems.First,the essence of the establishment of adoption relationships is too stringent to meet the needs of social adoption.Second,the adoption process is in a form that provides space for the legalization of illegal adoptions.Third,the recognition of adoption effectiveness is too simple,causing difficulties for judicial practice.Fourth,the removal of the adoption relationship is not perfect and it is not conducive to the protection of the interests of the adopters.Fifth,the legal liability provisions are not perfect,and it is difficult to protect the interests achieve the substantive protection of the interest of the parties involved in adoptive relationships.In order to perfect the current adoption law,the study is based on the current social realities,the hidden reasons causing the defects and comparisons on worldwide adoption legislation.The study found that:On one hand,it is urgent to clarify that the main purpose of establishing"non-violation family planning principle" in adoption law is to better protect the adoptive relations,instead of controlling the increase of population.It's also necessary to speed up the transformation of the concept of adopting legislation and take the adoptees' interest as a matter of prime importance.On the other hand,it is necessary to improve the adoption law in combination with the two-child policy and the newly revised General Rules of Civil Law.First,the adoption subject's eligibility should be adjusted.Second,to better meet the adoptive needs,the incomplete adoption system should be introduced into China.Third,the adoptive procedures should be paid fully attention and should include the substantive examination.Forth,constructing revocable institutional framework should be made full use of to enrich the adoption effectiveness.Fifth,strictly regulating the exercise of terminating the adoption relationship is required,especially the restriction of the right owner and the conditions.Last but not the least,improving both the civil and administrative responsibilities related to adoption shall never be left out.