A Study On The Protection Of The Rights Of Adopted Children By Administrative Law

Thanks to the development of the research on the protection of vulnerable groups,the content of the protection of the rights of adopted children has been enriched and the protection of their rights has been paid more and more attention.Since the Adoption Law of the People’s Republic of China was promulgated in 1991,the specific regulations on adoption have been gradually established.However,in recent years,with the emergence of a variety of adopted child abuse cases,but also exposed the protection system deficiencies.The protection of the rights of adopted children only depends on the role of the private law protection system is single and limited.As one of the social vulnerable groups,the rights of adopted children should be protected by the government,and the administrative departments should play more roles in the protection of their rights,in particular,it is reflected in the examination of the applicants’ qualifications before adoption,the supervision of family guardianship in adoption and the administrative relief for children in difficulty after adoption.The first chapter elaborates the basic theory of the Administrative Law Protection of the rights of adopted children.Firstly,it analyzes the adopted children and their rights;secondly,it clarifies the ways of protecting the rights of the adopted children in the administrative law,which are embodied in the examination,supervision and relief before,during and after the adoption respectively;finally,the Administrative Law Protection of the rights of adopted children mainly highlights the performance of the duties of the executive branch.Therefore,it is necessary to study the grounds for administrative actions and the principles that should be observed in concrete practice,and apply it to subsequent refinements.Chapter two analyzes the necessity of Administrative Law Protection of the rights of adopted children.In the process of protecting the rights of adopted children,the role of private law protection is indispensable,but it has certain limitations,and the protection of administrative law can make up for the lack of private law protection,which is necessary.The third chapter,combined with the status quo analysis of the protection of the administrative law of adopted children deficiencies.This is reflected in the following three aspects:First,the executive branch still has the problem of lax and formalistic examination of pre adoption qualifications;second,there is a lack of specific legal provisions and supervisory mechanisms for the administrative supervision of family guardianship in adoptions.Finally,the protection of the administrative law needs to be strengthened in the relief of the adoptive families and children in difficulty after adoption,in particular,the role of the state-run guardianship system still needs to be improved.Chapter Four is the last chapter of this paper.Combining the analysis of the theory and practice of the administrative law protection of adopted children in the first three chapters,according to the characteristics and basic principles of adopted families and adopted children,in the light of the contents of the third chapter,this paper puts forward suggestions on the improvement of the protection of the rights of the adopted children by administrative law,strengthening the examination of the qualifications of the adopters,strengthening the supervision of the Executive Branch on family adoption,and improving the right relief for the children in difficult circumstances,giving full play to the positive role of administrative law in the protection of the rights of adopted children.