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Research On The System Of Incomplete Adoption

Posted on:2014-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:K P CaiFull Text:PDF
GTID:2266330422965189Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China is one of the countries which only adopt full adoption system, that is out ofthe parent-child relationship between adopted and original family, and builds artificialblood parent-child relationship with adoptive parents. But with the continuousdevelopment of economic and social, completely adoption has not well meet the demandof people’s adoption and shows its helpless to appear new adoption requirements. Inconsideration of most countries in the world adopt two systems---full adoption andincomplete adoption in present, this not only takes care of the traditional adoption, butalso adapts to meet the new development of adoption requirements. The expanding scopebetween adopters and adoptees, it reduces the burden of the national social security,meets the demand of the adoption, and promotes to widen the range of adoption work.Looking forward to the world, it will become an indispensable pillar of fully adopted andincomplete adopted system in various countries.This article is divided into four chapters.The first chapter is about the interpretation of adoption system and outside the lawinvestigation of adoption system in our country. It is mainly divided into three sections:first, the understanding of adoption legislation; second, leading to the introduction aboutfull adoption system; next, the stipulation of adoption in different countries.The second chapter is mainly about the necessity and value to establish not-fulladoption system. It also has three sections. The first section introduces the origin anddevelopment of not-full adoption. The second section mainly writes the necessity ofadding not-full adoption system. It is mainly from three aspects to proof: the new need ofadoption, the bequest raising protocol can not meet demand, and the thinking caused byLankao in current society. Then we can see the value of establishing not-full adoptedsystem, that can improve the system of China’s current adoption, meet the demand ofdifferent levels of adoption relationship and balance the interests of both parties.The third chapter is the design idea about establishing not-full adoption system. It ismainly from the essence of establishing condition, form, specific procedure, legal fictioneffectiveness, void and canceling to establish the conception. The last chapter is the establishment of tracking mechanism in adoption system.Because of the imperfect of tracking mechanism in adoption system, once the adoption isset up, the government will be out of the adoptive relationship, that will bring manydisadvantages in practice. Combining with foreign legislation experience, andconsidering China’s national conditions, it is good to set up tracking mechanism after theadoption, so that the adoption will be better and more effective to develop in China.
Keywords/Search Tags:not-full adoption, full adoption, adult adoption, thelegacy-support agreement
PDF Full Text Request
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