China’s Foreign-related Adoption Legal System Research

Entering the twenty-first Century, foreign adoption has become a widespread phenomenon in the field of private international law. Participating in foreign related adoption countries become more and more widely, the increasing scale, more and more extensive exchanges and cooperation in depth. In an unprecedented development under the situation of foreign adoption, China has actively jointed in 1993 Hague <transnational adoption Convention on protection of children and cooperation> in April 27,2005. This has helped to eliminate and avoid our conflict with the existing international in other countries. However China’s Foreign-related Adoption legal system is still not perfect, especially in real elements, form elements, conflict rules and practice. In the future by legal defects and improve the process of legal practice, our country must be to maximize the interests of children as the guiding ideology, pay attention to children’s interests, to provide a warm and comfortable environment for the growth of losing family protection of children, this is also our country as Hague convention contracting can not shirk its responsibility.In this paper, I will pointed out that our problems by historical research, comparative study and empirical study, and put forward some suggestions. The innovation of this paper lies in using historical research methods, for the system, adoption system in ancient China specialized research, this is rarely mentioned in other papers and data. The aim of this that combining with the legislatives spirit and purpose of the law is to absorb the essence of foreign legislation and find the correct nutrients, lack of legislation in China.This article besides the introduction part and conclusion, is divided into five sections. The first chapter briefly introduces the adoption system, including the definition, the adoption of foreign adoption, adoption of qualitative concept, the emergence and development of foreign adoption, Pointing out that the adoption of this law has both private and public, the development offoreign related adoption into the new climax of history. The second chapter analysis the intercountry adoption < transnational adoption Convention on protection of children and cooperation > and the common law system, the continental law system about foreign related adoption provision on behalf of the state. Through researching the most representative the international conventions and foreign advanced legislativestate,we can learn how to adopt various elements of the legislation. The third chapter introduces the history, current situation of legislation and practice situation of China foreign related adoption. Making inheritor system in ancient China adoption system occupies a unique position in the history of origin, change the idea from the inheritance of ancestral temple sacrifice to adoptthe best interests of the child. The fourth chapter points that China’s Foreign-related Adoption legal system existing in legislation and the problems in practice, Is mainly reflected in the adoption of proper party, the adoption organization supervision, China accelerated aging. The fifth chapter puts forward some improvement suggestions on legislation and practice the problems.