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The Intercountry Adoption Legal System And Its Perfection In China

Posted on:2014-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XieFull Text:PDF
GTID:2266330422953593Subject:International Law
Abstract/Summary:PDF Full Text Request
International adoption,as a means to let children who lost foster care returnto family,attracts more and more attention from people all over the world,andbecomes the universal social phenomenon.On one hand,international adoptioncan reduce the burden on those states which could not taking care of orphans,onthe other hand,it can create good circumstances for children who need family.In recent years,international adoption is developing quickly in China.A largenumber of Chinese children are placed out to foreign country every year.Basedon current situation, our country constantly enacts legislation on internationaladoption,try to fill in the blanks of the domestic law.In the meantime,ourcountry joined relevant international conventions to adopt the legislativeattributions of international law.Including “the Convention on the Rights ofChildren” and “Convention on Protection of Children and Cooperation inRespect of Inter-country Adoption”. Although we have made certainachievements in legislation,intercountry adoption legal system of China is notperfect and systematic yet.A lot of problems in practice are still not solved. Toperfect of intercountry adoption legal system of China is the need for protectingchildren’s rights,and also an important part of perfecting Chinese legal system.The thesis contains four chapters except the introduction and conclusion.Thefirst chapter introduces the related theories of international adoption. It mainlycontain the conception,creation,development and significance of internationaladoption,the process of the unification of international law, the value choice ofthe legislation of international adoption.The second chapter provides detailanalysis on “the Convention on the Rights of Children” and “Convention onProtection of Children and Cooperation in Respect of Inter-countryAdoption”,in order to absorb the excellent production.The third chapterintroduces present situation of international adoption in China, includingrealistic level and legal level.This part mainly analyzes the domestic legislative state of intercountry adoption and international convention about internationaladoption we joined.The last chapter, based on the former three chapters,proposes some existential problems in intercountry adoption legal system ofChina and give out some countermeasures.
Keywords/Search Tags:Intercountry Adoption, Hague Convention, Convention on the Rights of the Child, the Best Interests of the Child, International cooperation
PDF Full Text Request
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