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The Research On The Adoption Of Orphans After Sudden Natural Disasters

Posted on:2013-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:S XuFull Text:PDF
GTID:2246330371490064Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The adoption of orphans after the sudden natural disasters is a civil matter that includes a series ofpersonal relations and property relations. It has unusual significance for the adopter and the adoptee toestablish the adoption relationship of orphans in disaster, The system that is about the adoption of orphansafter a sudden-onset natural disasters is an integral part in the social system, and it is also an important partin the social kinship system. The implementation of adoption among the citizens has a very importantpractical significance. It is not only conducive to the realization of social obligations and assist each other,and carrying forward the young and old morality, but also conducive to the realization of "Child haseducation, sense of security", improvement the relationship of family members, promotion social stabilityand unity and enhancement the construction of spiritual civilization, The devastating earthquake thatoccurred in Wenchuan caused a certain degree of impact on China’s current procedural issues of adoptionsystem, The earthquake caused a large number of orphans and many orphans can not be adopted becauseadoption of the main limit is too narrow. That the time of orphans announcement is relatively long and theycan not be the first to try adoption are likely to make orphans psychological trauma not receive timely careand leave some of the fallout. After orphans were adopted, the supervision and guidance of the relevantdepartments may result in the damage of orphans’ interests and adoptive parents when problems arise in theadoption process can not be timely and effective guidance. The adoption of orphans after the sudden naturaldisasters in Wenchuan earthquake reflects some flaws in China’s Adoption Law. We need to go from thelegislative level to further improve the system of adoption, so that it better for sudden natural disastersorphans to provide legal protection, to achieve better stability of the adoption order, and to fully play thepositive significance of the adoption function.After sudden natural disasters orphans as a special vulnerable group need special placement andrescue in society and it is more necessary to protect their interests from a legal perspective. The provisionsof China’s adoption of orphan after sudden natural disasters mainly reflect in the Adoption Law of thePeople’s Republic of China, but the "the Adoption law" is too strict with the adopted orphans., and need tobe improved and perfected the limit adoptions, in order to better provide legal protection for the adoption of post-disaster orphans. This article is divided into five parts. Part I: Brief introduction to the meaning,characteristics and related theories of the adoption of orphans after sudden natural disasters. Part II:Proceed from the special nature of the adopter and the adoptee, it describes the social foundation and thelegal basis for the establishment of legal system about the the adoption of orphans in natural disaster. PartIII: Introduction to the practice of adoption of orphans in our typical sudden-onset natural disasters-thepractice of the Tangshan earthquake and Wenchuan earthquake, and explains the legal thinking that iscaused by the practice of child adoption system. Part IV: About mainly studying and learning theprovisions of the adoption of orphans after sudden natural disasters in the legal system from Japan, theUnited States and Taiwan in China. Part V: The recommendation about improving the legal system oforphan adoption in sudden natural disasters and specific ideas such as relaxed conditions for the adoptionof post-disaster orphans, improving adoption procedures after a sound of sudden natural disasters and theestablishment of the adopter’s substantive examination system. Besides the recommendations of improvingthe relevant legislation.In order to improve the legal system of the adoption of orphans after naturaldisasters in China in on a sound benefit.
Keywords/Search Tags:Orphans, Adoption, The sudden-onset natural disasters, Adoption legislation
PDF Full Text Request
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