Research On The Effect Of Fact Adoption Relationship

Since China's adoption system was formally established in 1992,various application problems have been constantly generated in judicial practice,causing a dilemma between the system and reality.One of the most important links is the issue of de facto adoption relationship.From the academic definition of the term adoption relationship to the issue of the effectiveness of the fact adoption relationship,there is a huge controversy,and no consensus has yet been reached.From the perspective of promoting the legalization of the factual adoption relationship,this article discusses the definition of factual adoption and related legal provisions,and combines typical cases in China's judicial practice to discuss the legal conditional recognition of the rationality or necessity of factual adoption relationship.Better protect the rights and interests of adopters and adoptees who have or will form a de facto adoption relationship,and further improve China's adoption legislation for reference.The first part is to put forward research questions.The factual adoption case(2017)Su 12 Minzhong No.1090 trialed by the Taizhou Intermediate People's Court in Jiangsu Province has debated the issue of the factual adoption relationship,and analyzed the significance and value of the legalization of the factual adoption relationship.The second part analyzes the concept of de facto adoption and the dispute over the effect of de facto adoption.Then introduces the academic viewpoint of the concept of fact adoption and its differences from other similar concepts,and puts forward the author's understanding of the concept of fact adoption and the effect of de fact adoption.The third part is an analysis of the status of judicial adjudication regarding the effectiveness of de facto adoption.By categorizing the cases retrieved on the Chinese adjudication document using "confirmation of adoption relationship disputes" as the basis,the judicial practice of handling cases of disputes over the effects of de facto adoption,including validity and invalidity,has been sorted out.The fourth part is the thinking on the legislative and judicial aspects caused by the above analysis.Based on the analysis and summary of the problems and puzzles in the third part of judicial practice,based on the current status of foreign legislation,it puts forward suggestions including relaxing the conditions for adopters,adding incomplete adoption systems,and obtaining timeliness of adoption relationships to improve China's adoption legislation.To protect the interests of the parties involved in the adoption.