A Study On The System Of Adult Adoption In China

Adults adoption has a long history,early regions exist in many countries,it is also the basic part of adoption system,will significantly affect the adoption of system development.From China’s mainland adoption law relevant provision,the minor under the age of less than 14 is the main body of the adoptee,with 14 years of age as age limit adoptee adoption system can be defined with "foster" fully reflected,in order to effectively alleviate certain stage objective related social problems.And in the process of social development,due to new social problems have occurred,the adoption law of the original "foster" function is more and more single,relevant social problem not solved,is difficult to meet the real demand.The adoption law revision is imperative,and only give the diverse functions,all kinds of new social problems to get effective treatment.Adults,for example,adopted system Settings,scope expansion adoptee helps to solve the contradictions,more and more social reality to promote social harmony.This?paper?is?based?on?the?theory?of?historical?analysis,?inductive?analysis?and?comparative?analysis.?On?the?basis?of?examining?the?legislation?of?the?adult?adoption?system?in?various?countries?and?regions,?it?expounds?the?legislative?situation?of?the?adult?adoption?system?in?other?countries?and?regions,?and?at?the?same?time?analyzes?the?legislative?deficiencies?of?the?current?adoption?law?in?the?aspect?of?adult?adoption.?This?paper?expounds?the?necessity?of?setting?up?the?adult?adoption?system?from?the?perspective?of?practical?needs?and?legal?principles,?analyzes?the?differences?between?the?adult?system,?legacy?support?agreement?and?adult?guardianship?system,?and?expounds?that?the?adult?adoption?system?has?independent?value.?Based?on?the?comparative?analysis?of?the?legislation?of?France?and?Germany,?this?paper?puts?forward?the?idea?of?establishing?adult?adoption?system?in?China.?Including:?in?terms?of?the?substantive?elements?of?adult?adoption,?the?conditions?of?the?adopter?and?the?adoptee?should?be?specified;?in?terms?of?the?procedural?elements?of?adult?adoption,?the?state?judicial?supervision?and?substantive?review?should?be?strengthened;?it?is?suggested?that?the?effect?of?adult?adoption?should?not?be?greater?than?that?of?the?adopter’s?relatives,?and?the?relationship?between?the?rights?and?obligations?of?the?adoptive?children?and?their?adoptive?parents?and?their?biological?parents?should?be?established?from?three?aspects?of?upbringing,?support?and?inheritance?According?to?the?law,?we?should?establish?the?revocation?system?of?adult?incomplete?adoption?and?the?supervision?mechanism?with?judicial?supervision?and?tracking?investigation?as?the?main?form.