Analysis On The Prior Regulatory Regime Of IntercountryAdoption

Accompanied with the process of globalization, there is a increasing frequency of communication between people from different Nations and different Races. At the same time, a large number of international civil and commercial legal relations arise, and in the middle of the 20 th century, the international adoption relations have entered the stage of rapid development as an important problem in the private international law. As a replacement, international adoption provides a stable family for the abandoned or stuff children when the domestic situation impossible. Needless to say, really feel the warmth and touch of family is more conducive to the growth of the adopted children. However, the resulting consequences are there is a multinational soaring in child trafficking and abusing which is especially serious in our nation. There is no doubt that it is a nightmare for the adopted minors, which also exposed the missing of regulation in the States parties before the adoptive relationship established. That is to say, it is imminent to carry out the strict and comprehensive advance regulation. This paper is rooted in this problem, and through analyzing the social reasons deeply behind a series of tragedies, combining with the 1989 UN Convention on the Rights of child, the Hague Convention on protection of children and cooperation between the international adoption in 1993, the adoption law of the People’s Republic of China in 1998, the Measures for the registration of foreigners in the People’s Republic of China to adopt children in 1999, the Foreign-related civil relationship between law applicable law of the People’s Republic of China and the international adoption of legislation and judicial practice in the world’s major countries, striving the management defects and deficiencies of our country, drawing lessons from international advanced experience, putting forward the suggestion of perfecting our country’s legislation and judicial practice, which are good for protect the adopted children.This paper consists of introduction and the body, and the body is divided into five parts:The first part provides the questions by list a typical case.The second part is the meaning and advantage of regulation in international adoption. This part is mainly for the concept, analyzing the concept of adoption, international adoption and the advanced regulation in international adoption, and summarizing the reason and significance of supervision system by studying a large number of data, which laying a foundation for later further argument.The third part is the prior regulatory mode and content in the international adoption. This part firstly discusses the two mainstream model of regulation, the mode which dominated by central government and the mode which dominated by the appointed agency. And combining with the 1993 Hague Convention on protection of children and cooperation between the international adoption and the overseas related legislation, summed up the pros and cons of the two modes. Secondly, through summarizing the foreign conflict law and substantive law about regulation, it provides a reference for our country.The forth part discusses the regulatory system in the international adoption of our country present situation and the perfect idea. Through analyzing the legislation and practice of supervision in our country, points out the deficiencies and blank in our country, and combining the advanced international experience, put forward Suggestions of perfecting our country’s regulations concerning foreign affairs to adopt advance.The fifth part is the conclusion. This part summarizes the full text, and makes an positive and optimistic outlook to our country international adoption in the regulatory system and the advancement of our country under the rule of law process.At first, I adopted the research methods of literature analysis, reading references at home and abroad laid a foundation for the following in-depth analysis. True and proper case analysis can undoubtedly be the best evidence to the point of view, and makes the idea more concrete, vivid, and easy to understand, It also is a exercise of my practical ability. Again, this article utilizes the method of comparative analysis, a series of international conventions and legislation in advanced countries compared with China’s domestic legislation, praised the progress of the legislation and judicial practice in our country, also found out the deficiencies in our country. Finally I provide some suggestions to perfect the supervision system of our country.