The Research Of Adoptive Relation Established System In China

The paper mainly studies the establishment of the adoptive relation system in China, the problems existing in the analysis of the current system and improvement of place, and puts forward suggestions and improvement methods. On the one hand,the current adoption law of the People's Republic of China on the establishment of the adoptive relation of some of the terms and conditions does not fully meet the requirements for the development of the society and the demands of the parties in practical adoptive relationship. On the other hand, along with the revised “population and family planning law”, the two child policy has been implemented since January 1st, 2016. Thus, it is suggested that the adoptive relation system need to be adjusted to adopt to the new environment.Considering the above factors, the author intends to writer the paper in order to guide and encourage citizens to comply with the requirements of the law to establish the lawful adoptive relationship. By perusing the adoption laws and regulations and the relevant documents in our country, the author aims to perfect the legal system and the rule of law, hoping the legal system is capable of keeping pace with the trend. There are four parts included in the article.The first part: this part introduces the basic theory of the establishment of the adoptive relationship. the meaning of adoptive relationship and adoption and the concept of adoptive relationship established system;adoptive relationship established system should comply with Best Interests of the Child Standard and effectiveness of adoptive relationship establishment..The second part: this part centers on the description of the present situation and the analysis of the establishment of the adoptive relationship legislation from the substantial requirements and formal requirements needed for the adoptive relationship.This part first introduces the present situation of the adoptive relationship in our country at present and then analyzed deficiencies waiting for improvement and the reasons.The third part: the foreign related laws and regulations about adoptive relationship was established. This part summarizes the required conditions of the adoption of legislation in France, Germany, Japan, the United Kingdom and the United States as well as differences from other advanced systems.The fourth part: Integrating Chinese adoption system of relevant laws and regulations as well as foreign related in-depth analysis and research of adoptive relationship established system, the author puts forward legislative suggestions. The substantial requirements are mainly elaborated from the three aspects.