China Has Added Research On Incomplete Adoption Models

The adoption law in our country clearly defined using full adoption pattern since its implementation and operation in 1991. Although this approach was beneficial to alleviate the social problem about adoption, but with the continuous development of society, because of the influence of the legislative environment and legislation technology, the current adoption system has been difficult to cope with new difficulties brought by the social reality and play a valuable law also received shackles. All theories originate from practice and in turn serve practice, Adoption system needs to catch up with the times.As one of the two pillars of adoption system,,incomplete adoption has a long history and plays a crucial role in the process of development and improvement of the adoption system with complete adoption. Although at current time, the complete adoption is the main trend of the adoption legislation, but due to the two kinds of adoption patterns embodied social functions differ, the adoption model which most countries adopted is still both, because this way can safeguard the legitimate interests of the adopter and the adoptee.According to the characteristics of the subject, this paper uses the comparative analysis, theoretical analysis, the reference analysis to study. The introduction of incomplete adoption is the main line,by describing its definition, history and its development progress, and connecting with China'social reality, The purpose is to clear the necessity and feasibility about adding this system.On this basis, through a comparative analysis of the three countries with different types of incomplete adoption model, this paper will propose legislative proposal about the creation of incomplete adoption.This paper is divided into four chapters. The first part introduces the basic principles of incomplete adoption, that is, describing its definition, its historical development of the outside and the present situation in our country. The second part is the analysis of the feasibility and necessity of the creation of incomplete adoption. For feasibility, the three following questions are discussed respectively-the concept, history and reality. For necessity, this paper discusses it in three aspects:First is the perfect effect embodied by incomplete adoption for the current adoption system; second is the adults adoption under the incomplete adoption can effectively alleviate the pressure of China's social pension; third is incomplete adoption help adoption system embodies the characteristic of humanistic care. The third part mainly selects the pure adoption in "French Civil Code", the adult adoption in "German Civil Code" and the incomplete adoption in "Italian Civil Code" to make a comparative study. The purpose is summed the main characteristics about adoption patterns, adoption requirements, validity of adoption and adoption revocation. The fourth part is based on a comparative analysis of the former, put forward several improvement advices to make the relevant system design. specifically including the choice of legislation model, the condition setting of incomplete adoption, strengthen the effectiveness of adoption and the revocation.