Font Size: a A A

On The Perfection Of China's Foreign-related Adoption Supervision System

Posted on:2019-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:S X QiuFull Text:PDF
GTID:2416330545976128Subject:Law
Abstract/Summary:PDF Full Text Request
Since the beginning of the new century,relations between countries in the world have become increasingly close and the legal relationship between civil and commercial affairs has gradually developed.The new era is facing new challenges.How to grasp the general direction of being modern,facing the future,and facing the world,and the improvement of China's foreign-related adoption and supervision system is an important aspect that cannot be ignored.It is precisely because China is the country with the largest population in the world.In cross-border adoptions,a large proportion of children are all from China,and China is one of the world's biggest donors.Foreign-related adoption as a special civil legal act that mainly focuses on protecting the rights and interests of minors,based on the concerns that the parties have close relations,urgently needs a set of comprehensive and rigorous supervision and management systems before and after foreign adoption to adjust them.However,in China's foreign-related adoption legislation,beforehand supervision,legal application of pre-regulation,supervision mode,trial cultivation system,follow-up investigation of supervision during adoption,establishment of specialized agencies,and post-institutional jurisdiction over illegal acts.There are still many gaps in the re-adoptation of children.In foreign-related adoption practices,the cases of trafficking children and abusing adopted children are increasing year by year.To solve this series of problems,it is imperative to further improve the legal supervision system for foreign adoptions in China,and to stifle offenses of crimes in the bud to ensure the realization of the maximization of children's interests.Judging from the status quo of global adoption,it is precisely because of the lack of a regulatory system in the world and the use of this point that illegal workers are peddling their heads to sell dog meat and legal acts to cover illegal fishing purposes.Such behavior not only affects the legal stability around the world,connives at abuse,and blacks the shadow of buying and selling children,but also hurts the rights and interests of the parties involved in foreign adoptions.If the parental rights of the parents are damaged,the child experiences severe injuries twice before and after.Therefore,the significance of establishing a rigorous,detailed,and effective supervision system cannot be ignored in the entire period when the adopter proposes a cross-border adoption application and adopts a child to grow up peacefully in an adoptive family.A perfect supervision system not only helps combat illegal behaviors such as abuse and trafficking of children,but also minimizes the occurrence of various types of cases mentioned above.It is also beneficial to protect the best interests of adopted children and maintains a stable international order for foreign adoptions.With the exception of the Convention on Foreign Adoption that was recognized and enforced in the early days of the Hague Conference on Private International Law,the laws and regulations related to the regulation of foreign adoptions in foreign countries are inconsistent.The lack of a set of international adoption conventions applicable to countries in the world has brought inconvenience and obstacles to the adoption of a world-wide nature.Through continuous investigation and attempting to establish a strict and complete supervision system for foreign adoptions,it will help eliminate legal differences and conflicts in this area,unify international adoption laws,form a unified international adoption legal system,and unify the contents applicable worldwide.Has great theoretical value and research significance.This article first looks for the latest case from the foreign adoption case to support the paper,highlighting its timeliness.Secondly,based on the principle of maximizing the interests of children,the deficiencies in the foreign-related adoption supervision system are discussed.Using comparatively reasonable legislative practices from abroad,after multiple comparisons and analysis,the corresponding improvement direction of China's foreign-related adoption supervision system is established.It is intended to establish A complete and strict supervision system for cross-border adoption in advance,before?during and after the event.
Keywords/Search Tags:foreign adoptions, Improve the supervision system before?during and after the event, the best interests of the child
PDF Full Text Request
Related items