Discuss The Construction Of Limited Surrogacy System Under Two-child Policy

Adoption system is an important part of the civil law system,which plays an essential role in human social life.The adoption system has a long history,but adoption system is established in the form of legislation in the nineties of the last century.The legislation of adoption law starts late.Nowadays the adoption system in our country still has many imperfect aspects,so it cannot keep up with the social reality and which makes the value of the law restricted.Especially under the new policy environment of “two-child”.The law has a serious lag.On the other hand,the new policy provides a new method on how to improved the law.Owing to this,the perfection of Adoption Law is on the way.The main part of the thesis is divided into five parts:The first part is the introduction,briefly introduces the background and significance of this research,and then explains the purpose of the paper.The second part summarizes the adoption legal system and the theory basis of the adoption system.The first half part overview of adoption legislation,which introduces the concept and characteristics of the adoption,and then analyse the necessity and feasibility of perfecting regulations under the two-child policy.The latter part discusses the theoretical basis of the adoption system,including the human rights principle,the child's best interests principle,the equality and voluntaryprinciple,the child's best interests principle,and the principle of public policy and good customs.The third part discusses the situation and problems of China's adoption system.It summarizes the current legislation's deficiencies in such points: the scope of adoptee is too narrow;the scope of the adopter is totally disproportionate;it also has problems in the procedures,the identification of the force and the termination of relations of adoption.The fourth part is improving legislation on adoption legislation.It offers some proposals to make up the deficiencies of the adoption legislation,especially put up the new “two-child adoption” measures.And then put forward suggestions form four ways of the client's conditions,the procedures,the identification of the force and the termination of relations of adoption,including that we should change the terms on adult's adoption and the range of consignee should be expanded to the adult;:theadoption legislation should establish a longterm essential procedure system,and other relevant advices.The fifth part is a conclusion of the paper,and at the same time,points out the innovation and shortcomings of this article.