Improving On Adoption Legal System In China

Adoption refers to the civil legal acts that people adopt other people's children as their own children according to law,so as to make the adoptive parents and the adopted child to establish a parent-child relationship.China's adoption legal system was established gradually with the enactment and amendment of the Adoption Law of the People's Republic of China in 1990 s.However,with the change of society and economy,it has not been able to regulate the adoptive relationship comprehensively.There are still a lot of problems in the adoption system of our country which need to be improved.This thesis unscrambles the legislation of the adoption system in China,investigates the social status,combines with different theory of adoption,adopts merits of adoption legislations of a few countries and areas and puts forward suggestions of improving China's adoption system.The thesis consists of four parts:The first part is summarizing the adoption legal system.It introduces the definition and the principle of adoption.The Child's Best Interests Principle should be added in China's adoption legislation clearly.It also expounds the gradual progress and introduces features of adoption system.The second part is analyzing the adoption legislations of different countries and areas and aims to find the merits from those adoption legislations.The third part unscrambles the legislation of the adoption system in China.It introduces the current situation and legislative documents of China's adoption.The last part summarizes defects of adoption legislation in China: the strict limits of parties involved in the adoptive relationship;the lack of a period for the adoptive parents and the adopted child to build their relationship before adoption;the lack of substantive examination and supervision of adoption;the lack of return visit and right relieve system after adoption;the lack of incomplete adoption system.This part then puts forward suggestions of improving China's adoption system.It suggests softening the limits of parties involved in the adoptive relationship,establishing the system of trial-adoption,adding to the judicial review of court,improving assessment system of adoption and strengthening supervision of adoption,adding incomplete adoption system.