The Necessities And Feasibilities Of China’s Accession To “The Hague Convention On Child Abduction”

“International Child Abduction” has gradually become a global phenomenon, which has a serious impact on not only the abducted children, but also the international family order. So in the field of International Family Law, the Hague International Private Law Association passed the Civil Aspects of International Child Abduction Convention(the Convention on the Civil Aspects of International Child Abduction)(hereinafter referred as “the Hague Convention on Child Abduction”) in October 24 th in 1980. It is undoubtedly the most successful Private International Law Convention in handling International Child Abduction. It aims at protecting the abducted children’s best interests, respecting the legal custody and visitation, through the active cooperation between the central authorities taken by members to ensure the abducted children being summery returned. “The Hague Convention on Child Abduction” becomes the effective way in restraining “international child abduction”. China has not yet entered into “the Hague Convention on Child Abduction”, but in practice, a lot of international child abduction cases happened, such as "the conflict between South African Mother and Chinese Father". The parties and the court could not apply for returning the abducted children promptly to the habitual residence, pursuant to “the Hague Convention on Child Abduction”. At the same time, the rights and interests of abducted children did not get maximum protection. So the parties have to go through actions to protect lawful custody for years. Therefore, this paper talks about the necessities and feasibilities of China’s accession to “the Hague Convention on Child Abduction”. This topic is practical and theoretical.This paper uses the method of literature search at home and abroad on the study of “the Hague Convention on Child Abduction”, extracting the key points to exploit and analysis; uses normative analysis method on relevant laws and regulations of international child abduction issue involved in Private International Law with cases in-depth analysis; uses inductive correlation method, by investigating the central authorities, concentrating hearing system, summary return mechanism, etc., in order to conclude the most suitable mechanism to China.This paper is divided into three chapters.The first chapter talks about the concept of “international child abduction”, constitutive requirements and types, the main contents of “the Hague Convention on Child Abduction” and the positive evaluation of the Convention and the existing problems are discussed.The second chapter discusses the implementation of “the Hague Convention on Child Abduction” in abroad and other districts, mainly including the significant conception and system of the “children’s habitual residence”, “custody, visitation and departure veto”, “the central authorities”, “concentrating hearing system” and “children’s prompt return system”.The third chapter analyzes the necessities and feasibilities of China’s accession to “the Hague Convention on Child Abduction”. Although the Convention and our legal system have certain imperfect legislation, but in combination with international child abduction cases happened in our country, it is necessary for our country. Since “the Hague Convention on Child Abduction” does not handle the substantial problem of custody, and our country has established the international adoption mechanism, therefore our country shall enter into “the Hague Convention on Child Abduction”, perfect the legal system, in order to protect legal custody, safeguard the abducted children’s best interests.