On Constructing And Perfecting The Legislation Of Foreign Adoption In China With The Principle Of Protecting The Rights And Interests Of Children

With the development of global economic integration and deepening exchanges between countries,the foreign adoption also shows the tendency of increasing.In 1981,an American diplomat couple adopted a baby in Guangdong.This is the first case concerning foreign adoption in our country.Since then,the foreign adoption has opened up a new way of permanent placement for the orphans and the disabled children of China.The foreign adoption is not only related to maintain the rights and the interests of the both parties,but also to the exchanges and development between the adoptee's guardian among countries and the adopting states to a certain extent.In recent years,the foreign adoption of some criminals to borrow the name of foreign adoption child trafficking cases,have appeared in the foreign adopter enroach on the cases of adopted children in China.The rebuke these appalling scandal at the same time,the rights of adopted children maintenance problems should cause social concern.To safeguard rights and interests of adopted children is to develop the foundation of the system of foreign-related adoption related standards,is also the purpose of adopting concerning foreign affairs.The author thinks that,children's rights protection principles as the essential feature and value of foreign-related adoption system core,has become the most countries follow a basic principle of foreign-related adoption legislation,set up in foreign-related adoption of substantive law and procedural law and the applicable law to get fully embody.Compared with other developed countries,our country concerning foreign affairs to adopt legislation exist in late start,the relatively rough,such problems as too simple concerning foreign affairs to adopt law framework.Therefore,the comprehensive implementation principle of children's rights protection,and on this basis,further consummates our country concerning foreign affairs to adopt the legislation,it is of great significance in practice.This article is divided into four chapters,the first chapter through the overview of the connotation and significance of children's rights and interests protection principle,which in the international community about the trend of the legislation concerning foreign affairs to adopt the meaning.The second chapter,on children's rights protection principle in our country's legislation,and comparing with the legislation of Anglo-American law countries reflect,reflect the concept of protection of the rights and interests of children.The third chapter analyzes the foreign adoption in the absence of substantive law and procedural law and the applicable law and the reality of the difficulties faced in practice.The fourth chapter the author according to the principle of children's rights protection proposed further consummates our country concerning foreign affairs to adopt legislative advice,looking forward to be able to solve the problems facing our country concerning foreign affairs to adopt,maintain rights adopted children,contributing to regain the warmth of family adopted children to render their own.