On The Foreign Adoption Legal System In The Interests Of The Child "principle

With the persistent and deepening development of the international civil and commercial relations, the basic system of International Private Law has progressed to harmony and humanistic cares, reflecting to foreign adoption is: most countries' attitudes to legislation have changed from oppressive adoption to lenient adoption. On the other hand, international lawbreakers cadge children multinationally without restraint, in the name of foreign adoption, whose shocking crimes make every country and area take cautious attitude to admitting the force of foreign adoption from another country or area, even place obstacles. As far as our country, there have been objectionable cases in judicial practice —the case of the "Tan Yaran, Chen Weihua, and Xie Xiaoyi' s Rights for living in Hong Kong" . But, the writer still thinks that protecting the children's interests is the ultimate standard to design the system involving foreign adoption. Because children are weak in body and economy, the civilized society must give them special attention and cares. The Principle of Children' s Interests as the essential characteristic and value core has become a common sense for the most International communities in the substantial law, law application, judicial practice and international treaty of foreign adoption system.The passage is divided into four chapters. It demonstrates "the Trend of Children' s Interests" in the whole world, through nomology, cases, provisions and so on. In the first chapter the writer makes the nomological analysis of the principle "children' s interests" and summarizes the connotation of adoption system and the property of foreign adoption; the second chapter is demonstrated the prescripts of coming into existence and effect in many country' s substantial laws. What' s more, it is discussed the concepts of children benefits behind the provisions in different countries. The third chapter is mainly demonstrated the embodiment of the Principle relating to the law application through two ways of law confirming in foreign adoption. The last chapter is firstly analyzed the state and disadvantages of our adoption legislation, then it is showed the conflict and difficulty in inter-regional foreign adoption by the case of Rights For Living in Hong Kong. At last , the writer brings forward several thoughts and suggestions for perfecting our foreign adoption rules on the bases of assuring children' s principal interests , with the hope to solve the foreign adoption problems early.