Improving Legislation On Adoption System In China

China's current adoption legislation establishes the essential requirements, formal requirements, validity and legal consequences of adoption. However adoption system established by the adoption legislation above also has drawbacks, such as the registration process being too formal, not to establishing the system of the incomplete adoption, loss of revocable act of adoption, which in practice appears unreasonable application of law, loopholes in laws and regulations, lack of legal intervention. This research is based on the existing theory of the adoption system, introduces legislation characteristics of China's adoption system, and analyzes loopholes in adoption legislation by comparison with legislations, case laws and related theories in other countries.The thesis is divided into four parts:The first part is the overview of adoption, which is also divided into four parts to describe the basic theory of adoption. First, it introduces the definition of adoption, and cites the different definitions of scholars to help understand the content of adoption. Furthermore, it describes the evolution of adoption in the way of the development of the adoption purpose and adoption nature. Third, it highlights the nature of adoption adopted by different countries, and further analyzes the parties of the adoptive relationship, which is of the private nature. Last, it describes the legislative principle of adoption adopted by modern countries, that is the principle of best interests of children. This part lies the foundation of the following specific analysis of adoption system.The second part is the comparative study of the foreign adoption legislations. It introduces the different legislative models of the adoption system and adoption style, it further introduces the adoption legislations in a few countries with advanced adoption legislation or with reference to China and summarizes the adoption legislation in these countries, which reflects the national trend of the adoption legislation and the advantages and disadvantages of some systems, which lies the ground of legislation reference.The third part is the current legislation of the adoption system in China. It introduces the legislative characteristics of our adoption system. It analyzes the existing "Adoption" and related laws and regulations of the adoption, and the current legislation`s defects and deficiencies are summarized in five points: the loss of incomplete adoption, the lack of the probationary period, not to establishing revokable adoptions, the lack of confidentiality of the adoption and the legislation ineffectively regulates the illegal adoption.The fourth part is Improving legislation on adoption legislation. It firstly suggests China`s legislation model, then provides the concrete measures for the Deficiency to improve the adoption system and further solves practical problems.