The Legal Reflection On The Abandoned Sick Infants Adoption System And Its Improvement

The event of Yuan, Lihai touches off a big fierce discussion about the group of theabandoned sick infants, the reflected problems of the system and law have been studyingcarefully since then. The system of adoption is the imported goods, originated fromWestern countries, developed and enriched with the society. From the adoption aimed forpower and benefits to the modern one focused on the family and the social assistance, itwas a long time. In modern developed countries, the system of adoption has beenestablished completely and safeguarded by law and the social insurance system.Adoption has a long history in China, but the modern system of adoption wasestablished after the adoption law, so our system of adoption is not mature. The abandonedsick infants are which abandoned by their parents for their birth to be sick or disabled, andwhat was worse is their living situation. The adoptive requirements are rigorous andregister system is so simple, with the addition of the shortcoming of adoption subjects, theintime adoption system set a lot of obstacles forward. The Family Planning Policy and theHousehold Registration System jointly caused the adoptive dilemma, so how we canprotect the adoption of the abandoned sick infants by changing policies and system remaina big issue.Facing the complicated problem of the abandoned sick infants’ adoption, some relatedcore theories provide some routes. The principle of the best interests of the child, the weakrights protection theory, the difference of equality theory, the theory of public and privatedistinguished protection put forward the foundation for the protection, design somepractical ways and raise some new demands towards the adjustment of related policies andsystems.On the background of breaking the practical and theoretical obstacles, our countryshall pay more attention to protect the rights of the abandoned sick infants by modifyingand consummating related laws, and getting rid of the barriers set by the Family PlanningPolicy and the Household Registration System. Promoting the diversity of the adoptive subjects, adopting infants in both public and private spheres, regard the rights of theabandoned sick infants as first. Building and improving independent scientific supervisionsystem to monitor the whole periods of the infants’growth, and solving the problem legallyand reasonably.