On The Establishment Of Adoptive Relationship

With the continuous development of legislation,adoption has assumed important social functions such as "raising children" and "providing for the aged ",and has become an indispensable part of solving social welfare problems in various countries.The adoption legislation of our country started late,and only in 1992 did the first Adoption Law appear,which became the beginning and symbol of the adoption legislation of our country,regulated the adoption behavior of citizens and made many homeless children warm at home.However,from the judicial practice,the adoption effect is still not very ideal,some of the regulations are strict,and the general needs of the people in the real society are not fully taken into account,which leads to the failure of the adoption legislation to be effectively observed,the number of adoption registration accounts for the few orphans to be adopted,and the number of cases of adoption disputes is increasing.In order to meet the needs of real life development and related policy adjustment,the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)has amended the old adoption conditions and procedures,which have made long-term progress compared with the Adoption Law,but there are still shortcomings.The aging society of our country brings all kinds of social problems.It is urgent that the function of adoption in our country should be inclined to "old-age care" and the scope of adopters should be expanded to adults.The adoption age of adopters is too high,which is not conducive to the satisfaction of adopters’ adoption wishes and the return of many orphans to adoptive families;The right to consent to adoption is general,the exemption from the right to consent is relatively simple,the lack of a minimum period of parental consent is not conducive to the maximum protection of minor interests;the standard of factual adoption is not uniform,it is difficult to reflect the fairness and justice of the law;lack of judicial intervention,lack of substantive review of the content of adoption,is not conducive to reducing the occurrence of illegal adoption.This paper attempts to examine the legal provisions of different countries on the subject age,meaning expression and adoption procedure of adoption relationship,and puts forward some suggestions in combination with the specific social practice of our country,in order to make the adoption system of our country more perfect.