Study On The Legislation Issues Of Transnational Adoption

Transnational adoption is a social system which beyond nationality or the territory,it is generated based on the needs of the family and children's rights protection under the premise of the increasingly frequent flow of personnel in the world.Transnational adoption on the one hand with foreign elements and on the other hand the principle of best interests protection for children is the value basis of transnational adoption.Therefore,it has received great attention from the international community.Most countries adopt positive legislative measuresand and continue to promote international cooperation to ensure the success of transnational adoption.In recent years,with the development of the international community,the number of transnational adoption also showed fluctuating uprising tendency,China is an important sending country in the transnational adoption legal relationship.China has not only accelerated the pace of domestic legislation,and actively participated in the unification of transnational adoption.Our country has joined the "the United Nations convention on the rights of children"and the Hague international private law conference convention on protection of children and cooperation in respect of intercountry adoption.Because of China's transnational adoption legislation started relatively late,there are still some deficiencies in conflict law,substantive law and procedural law,many provisions need to be improved.To improve the legal system of intercountry adoption has very important significance to protect the rights and interests of Chinese adopted children.Based on this,this paper analyzes the problems existing in the legislation of transnational adoption in our country,and puts forward some suggestions for improvement.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter is an overview of the basic concepts and theories of transnational adoption,which involves the concept and theoretical analysis of the legal relationship of transnational adoption.The second chapter is the brief introduction of the current legislative status of transnational adoption,including foreign legislation and international legislation as well as the domestic legislation in recent years.In the third chapter,the paper illustrate the analysis in view of the problems existed in transnational adoption of legislation.This paper discusses the legislation of transnational adoption in three aspects:conflict law,substantive law and procedural law problems.The fourth chapter is in view of the above listed the shortage of legislation and put forward suggestions for improvement,this chapter discusses the domestic law,as well as the improvement of the method of compliance with and active promotion of international law,the paper offer proposals on domestic legislation from the perspective of conflict law,substantive law and procedural law,as for the compliance with international law,it is discussed in terms of the application of national judicial cooperation and international conventions.