Research On The Introduction Of Incomplete Adoption System In China

Incomplete adoption mainly refers to the adopted children and adoptive parents after adoptive relationship,and parents continue to have legal kinship rights and obligations,the adoption system is mature in France,Germany,not fully adopted can meet the needs of adoption,can protect the rights and interests of adoptees,and can meet the needs of adoptive family and family of origin.Due to the large population flow and rapid development during the reform and opening up period,China has caused many irregular adoptions such as foster care,embrace and factual adoption,and minors cannot get better parenting;because China only recognizes the complete adoption mode,the above non-standard adoption behavior Neither the "family of adoption" nor the family of origin are guaranteed by law.In addition,China is still a serious problem of aging population,and the elderly in families who have lost their only child cannot get legal guarantee in support.These family problems all reflect that China’s complete adoption mode can no longer meet the diverse needs of Chinese society for adoption forms.The author thinks it is feasible to build an adoption mode of both complete adoption and incomplete adoption.Although the abolished Adoption Law of the People’s Republic of China,it is still in terms of incomplete adoption system In the legislative gap,therefore,the main purpose of this article is to propose legislative suggestions to add incomplete adoption models.In order to propose feasible legislative suggestions.This paper adopts case analysis and comparative research methods,with three chapters.Chapter first chapter is the brief introduction,identifying the focus of controversy and the case analysis,reflecting the case problems reflect the legal problems in China’s current adoption model.Chapter second chapter demonstrates the simplicity of incomplete adoption through the history of incomplete adoption,and the view and necessity of incomplete adoption in the country,presents the leading basis of incomplete adoption,and analyzes the incomplete adoption of Germany and France.Chapter The third chapter mainly puts forward the legislative suggestions on the establishment of the incomplete adoption model in China.The proposal of the legislative suggestions makes reference to the incomplete adoption system of Germany and France,combines with the special situation of China,and returns to the solution of the Chinese case again in the legislative suggestions.