On The Perfection Of Adoption System In China

Factual adoption is widespread in our country, and it is a form of adoption that is not recognized by law, and it reflects the fact that the adoptive person does have the actual adoption relationship with the adopted, but is considered to be illegal because of the lack of adoption conditions or incomplete adoption procedures.In the case of disadvantaged groups such as abandoned babies, which are increasingly concerned by society, this "one size fits all" adoption of factual adoption is illegal and will greatly undermine the interests of both parties and undermine the established adoption relationship,at the same time exposed the adoption of our system and the social out of unreasonable problems.Based on the case analysis, this paper analyzes the problems exposed by the adoption law at the legislative level, and then studies the legislation experience of foreign adoption law in a comparative analysis way,the aim is to propose suggestions for improving the adoption of legislation in our country and to think about the future development of the adoption law so that the adoption law can bear the responsibility of protecting the fragile adoption relationship.Through the study found that China's adoption law there are the following deficiencies:adoption conditions "one size fits all"; adoption registration unreasonable and adoption capacity is not provided; not set the system of adoption, adoption supervision system, adoption time system. The principle of solving these problems is the principle of the best interests of the adopted children, the principle of fairness and the principle of consent.To maximize the protection of the interests of the adoption of the parties and the adoption of the relationship between the fact that the following recommendations: in the relaxation of the scope of the adoption of the abolition of the adoption of "no children".Change "the adoption of people over 30 years of age" as"the adopter over twenty years old".In the context of the widening of the scope of the adopted, the adopted are extended to "minors under the age of eighteen”; they are allowed to adopt "adults without independent living ability".At the same time, in the adoption of the adoption capacity and adoption registration system, the establishment of adoption capacity scoring mechanism; simplified adoption registration procedures,so that adoption procedures can be simple, people more operable. Finally, in the future direction of the adoption of the adoption of the law, to establish a system of adoption,adoption and supervision; introduction of adoption system.Adoption law should not be just cold legal provisions, in the protection of the interests of the adoption of the parties at the same time, should reflect the humanistic care and human nature concept. Outdated provisions should be amended and improved, in the times to meet people's aspirations, and effectively protect the interests of adoptive and adoptive.