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On The Perfection Of The Adoption Legal System Of China

Posted on:2015-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiFull Text:PDF
GTID:2296330431964448Subject:Law
Abstract/Summary:PDF Full Text Request
Adoption system is an important part of the family system, which plays anessential role in human social life. The adoption system has a long history, butadoption system is established in the form of legislation in1991.The adoption law hasbeen further revised in1998.However, nowadays the adoption system in our countrystill has many imperfect aspects,so it cannot keep up with the social reality and whichmakes the value of the law restricted. Owing to this, the perfection of Adoption Lawis on the way.The thesis is divided into four parts:The first part is the overview of adoption legislation, which introduces theconcept and characteristics of the adoption, the child’s best interests principle, thelegislative process of adoption law in our country. This part makes the readers have aoverall knowledge of the adoption legal system and establish the theoreticalfoundation for the ensuing chapters.The second part discusses the situation and problems of China’s adoptionsystem.It summarizes the current legislation’s deficiencies in such points: the scopeof adoptee is too narrow; the scope of the adopter is too strict; the adoptionregistration does not have an indispensable investigative procedure that makes theadoption process more formalized; the lack of effective supervision; the adopteeunder10years old does not have the dissolution of the adoption relationship; the lackof responsibility of illegal adoptions.The third part focus on the comparative study of the foreign adoption legislations.This section summarizes advanced content of foreign adoption legislations such asUK、USA and Japan in order to find out the legislation reference.The last part is improving legislation on adoption legislation.It offers someproposals to make up the deficiencies of the adoption legislation including that weshould soften the terms on adult’s adoption and the range of consignee should beexpanded to the adult;:the adoption legislation should establish an essential procedure system; strengthen supervision is established; the legal responsibility of divulging asecret and privately adoption should be standardized; put forward thecountermeasures to deal with the illegal adoption.
Keywords/Search Tags:Adoption, Legislation, Improvement of legislation
PDF Full Text Request
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