On The Establishment Of The Principle Of Best Interests Of Childen In The Adoption Law

Adoption system is an ancient social system. As adoption system develops, its supreme principle is changing as well. Nowadays most countries of the world treat the principle of best interests of children as the guiding principle of its adoption law, in order to try its best to protect the interests of the adopted children. Our country’s adoption system hasn’t established this principle so far, and there are some problems in the specific system. For a long time the abducted children cannot be adopted is one of the problems. The article begins with the dilemma of the adoption of the abducted children and then introduces the historic origin and the connotation of the principle of best interests of children, and the international back ground that it generally established in countries of the world. And by discussing the reality of the legislative barriers of that our country’s abducted children cannot be adopted over time, shows the drawbacks of our country’s adoption system. At last, refers to the adoption regulations of other countries, and offers the advice for improving our country’s adoption law.The introduction part:this part introduces two cases of two abducted children to demonstrate the reality of the legislative barriers facing by our country’s abducted children, and points out the necessity of establishing the principle of best interests of children.The first part:this part introduces how the principle of best interests of children is put forward and established, and the connotation of it and the international back ground that it generally established in countries of the world. This part makes the readers have an overall knowledge of the adoption legal system and establish the theoretical foundation for the ensuing chapters.The second part:this part firstly introduce the reality of the legislative barriers facing by our country’s abducted children after having been rescued, and the administrative regulation of launching the work for the children rescued who can’t find their biological parents enacted by the ministry of civil affairs and the ministry of public security, analyses the articles in it and points out the drawbacks of it.The third part:this part introduce the comparative study of the foreign adoption legislations about adoption condition, adoption procedure, adoption investigation, and adoption dissolution, in order to find out the legislation reference for our country’s adoption system.The forth part:this part analyses the drawbacks of our country’s adoption system because of the deficiency of the principle of best interests of children. First, the adoption condition is too strict, including that the scope of adoptee is too narrow and the scope of the adopter is too strict. Second, the adoption procedure is lack of standardization, including that the adoption registration does not have an indispensable investigative procedure and there are no trial-adoption system. Third, there is lack of effective supervision after adoption. Forth, there are drawbacks in the dissolution of the adoption relationship, including that the dissolution of the adoption relationship needs more restricted condition, and the adoptee under 10 years old does not have the right to end the adoption relationship.The fifth part:this part states the significance of the establishment of the principle of best interests of children, and offers some proposals to make up the deficiencies of the adoption legislation. First, to broaden the adoption condition, including expanding the range of scope of adoptee and the adopter. Second, to establish an essential procedure system for the adoption legislation, including establishing an indispensable investigative procedure and trial-adoption system. Third, to strengthen effective supervision after adoption. Forth, to improve the dissolution of the adoption relationship, including that setting restricted condition of the dissolution of the adoption relationship and giving the content right to the adoptee.In the conclusion, it reviews the general thought of the introduction part and makes a conclusion of the article. To solve the problem of our country’s adoption system, especially the problem of our country’s abducted children after having been rescued, we should make up the deficiencies of the regulation of the adoption condition, the adoption procedure, the adoption supervision and the adoption dissolution, to meet "child’s best interest" principle.