The Construction Of Probationary Adoption Period System In China

Along with social, political, and economic life changes rapidly on the time and thespace, the social function of the adoption system are re-examined by people. For the " family","home","relatives" and the other traditional concepts were broke through.It is into the"interests of the children" as a new stage and the interests of the minor adoptee naturallybecome the focus on adoption legislation of all countries. However, the establishment of thisemphasis and the deficiency of the ability of minors on the lack of protecting their rights leadto the Intervention of the national public authorities in adoption activities, so that the adoptionof legislation around the world on many issues showing a tendency towards convergence.Such as, protection of "the best interests of the children" principle as a fundamental principle,dominant position is prominent increasingly on full adoption, increasingly strong interventionof the national supervision doctrine and the public authority and so on. Under these trends ofcommonality and influence, a new idea about adoption is brought to the attention of theexperts and scholars, that is the adoption not only need to meet the statutory requirements, theinner psychological adaptation of adoption party in adoption process should get moreattention. Many countries implement " probationary adoption period system " before theadoptive relationship are formally established, for children and the parents who have theexpectations of adoption live together for a period of time to decide whether to establish aformal adoption or not. Unfortunately, China has not brought the "probationary adoptionperiod system " into the adoption of legislation, it is not only the lack of adoption law, butalso the imperfect to the protection of the rights and interests of adoption. Therefore, theauthor writes this thesis," The construction of probationary adoption period system in China",which is to analyze and study probationary adoption period. It expects to reflect properly inthe reform of adoption laws in order to protect the interests of the adoptees to makecontribution.This paper is divided into three parts.The first part of the paper is an introduction to probationary adoption period system.Writer proposes the concept of probationary adoption period system and analyzes the causesof urging the emerging concept of the adoption, which are the common trends on modernadoption legislation.The second part analyzes the necessity of the establishment of probationary adoptionperiod system. Using the method of comparative analysis, writer explores the welfare to theparties if China implement the system and uses this system itself to improve the adoptionprocedures.In the third part is the construction on probationary adoption period system in China.Basing on China’s conditions, writer analyzes the status of the system and raisesrecommendations that how to construct the system in China.