The Comparative Study On Not-Full Adoption System

The not-full adoption system has an enduring history and always plays a vital role in the development of adoption system. The not-full adoption, together with full adoption, have been called as the two major pillars of the adoption legislation. Although at current time, the full adoption is the main trend of the adoption legislation and merely a few countries in the world offer a sole way of adoption, most national legislations are the combination of both. As the two different ways of adoption, both of them play a unique social function during the development process of adoption system, so that they could better safeguard the legitimate interests of the adopter and the adopted person.In accordance with different legislation spirit and purpose of adoption, the provisions relating to not-full adoption of each country are also different. Some nations regard that the object of the not-full adoption can be either minors, or adults, but some others require that the object is only limited to adults. Though there are differences in restrictions of adoption object, the effect of adoption, adoption dissolution, etc. do not differ greatly, and also embody their own characteristics.In this paper, the introduction of not-full adoption system is the main line. The paper manages to make a clearer presentation upon the not-full adoption system with description of the definition of not-full adoption, historical development process of this system, as well as the assessment of social and cultural factors which are leading to the existence and development of today's not-full adoption system. On this basis, with the study of provisions of pure adoption by France and the adult adoption by Germany, the paper combines with a variety of Chinese historical adoption ways, such as heirs and Jiantiao, and foster care nowadays, and then makes a comparative research with not-full adoption. All the comparative study is to lay the theoretical and practical basis for the establishment of not-full adoption system in China.This paper is divided into four chapters. The first chapter introduces the basic principles of not-full adoption. The second chapter mainly selects the pure adoption in"French Civil Code"and the adult adoption in"German Civil Code"to make a comparative study. These two adoption ways have a far-reaching impact on the adoption legislation in most nations which belong to the continental law system. Then this chapter would respectively elaborate and analyze the substantive elements of adoption, procedure elements of adoption, the effect of adoption and adoption dissolution. The third chapter focuses on the general adoption ways in the adoption history of China, such as heirs and Jiantiao, and foster care nowadays and makes a comparatation with not-full adoption. Then on this basis, with today's Chinese social background and practical cases, it would analyze the reality performances and the rising new problems about the above three adoption ways and make an effort to prove that the establishment of not-full adoption system in China is reasonable and necessary, and respectively testifying that point from historical and factual basis and social concepts. The purpose of the fouth chapter is with the analysis results of the second and third chapter to provide legislative references and the appropriate system design for the establishment of not-full adoption in China and the improvement of China's adoption system.