Research On The System Of Dissolution Of Adoptive Relationship

The rights of children have always been the focus of the legislative protection in various countries.With the increasing attention paid to the legislation of childrens rights in China,it shows the increasing progress of the legislation development of our society as a whole,this provides a good social background for the development of the legislative system and makes the protection of human rights of all ages more perfect and concrete.Among them,adoption law also involves the protection of childrens rights,therefore,should also keep pace with the pace of social development to make corresponding changes and improvements.Furthermore,the application of the relevant provisions of the adoption act in practice has begun to show shortcomings,and many cases involving the adoption act in real life will be found to be legally unfounded at trial,the tortfeasor will go unpunished,the victim will suffer and justice will not be served,which will lead to the destruction of social harmony and stability.Therefore,it is imperative and urgent to improve the adoption law.In this paper,the author points out four problems in the process of the dissolution of the adoptive relationship,One is that a minor adoptee can not request the dissolution of an established adoptive relationship after being adopted;the other is that the law does not provide that the adopter has the right to review the dissolution within a reasonable period of time afterestablishing the adoptive relationship with the adopter;Third,the relevant administrative departments of the review of whether the termination of the adoptive relationship is in line with the conditions of the review and judgment is a mere formality.In view of these four problems,the author hopes that the legislature can make new legislative provisions to solve the irreconcilable contradictions in practice,in accordance with the international prevailing and the relevant legislative principles already established in China.In view of these four questions,the author hopes that the legislature can formulate new legislative provisions to solve the irreconcilable contradiction in practice by following the international and the relevant legislative principles(the principle of the best interests of the child,the principle of the protection of the rights and interests of the aged,the principle of human rights,the principle of equality and voluntariness and the principle of public order and good custom).Based on the above four issues,the author draws on the domestic and foreign legislative experience,including Britain,Germany,the United Statesand China Hong Kong,Macao,Taiwan.By consulting the materials,the author understands the similarities and differences of adoption systems in different countries,and sums up the advantages and disadvantages And according to the adoption system of the adoption of the dissolution of the relationship between the legislative provisions as well as the actual situation of our country put forward a few legislative proposals.First of all,in view ofthe problem that the minor adoptee does not have the right of rescission in our country,the author understands that at present many countries have not given the minor adoptee the right of rescission either,however,with the complexity of the social situation and the increasing age of psychological maturity of children and the protection of childrens rights,it is reasonable and necessary to endow minor adoptees with the right of rescission.Secondly,After the adoption relationship has been established,there should be a certain period of review.During the period under review,either party to an adoption relationship may apply for the dissolution of the adoption relationship if it finds that the other party has committed fraud,concealed facts or seriously infringed upon the rights of the other party,such as ill-treatment or threats,under special circumstances,if it can not be found in time,the adoption can be dissolved within the time limit prescribed by law.Thirdly,the authorities concerned need to examine whether the reasons for the application for dissolution of the adoptive relationship are valid,not only in writing,but also through legislative provisions to strengthen the substantive review,in order to truly achieve the protection of the rights and interests of all parties involved in the adoption of the ultimate goal.Fourth,the right of the adopter to claim compensation should be added to ensure that the rights and obligations of both parties in the adoptive relationship are balanced and equal,and that the interests of both parties are balanced and neither party is inclined to be protected.Through the above investigation and research,through a series of process from raising and analyzing problems to solving them,the author hopes that the contents of this article can play a little help to the perfection of China adoption law In the current environment of advocating scientific legislation and building a socialist society under the rule of law,we should accelerate the all-round development of the legislative system.