The Deficiency And Perfection Of The Establishment System Of Adoption

Adoption system is an important part of modern kinship system.The Adoption Act of our country has been in effect for nearly more than 20 years since its enactment.While the specific conditions and procedures for the establishment of adoptive relationship are clearly defined,these provisions are more stringent,leading to the inability of adoption legislation to be effectively complied with.In real life,the illegal adoption is still prevalent.The main purpose of this paper is to probe into the deficiencies and causes of the establishment system of adoptive relationship,to give the pertinent suggestions,to make the people actively adopt the legal means to set up the adoption relationship,clarify the rights and obligations of the adoptive parties,to uphold the authority of adoption legislation and to improve the judicial credibility.First of all,in view of the adoption system,the paper summarizes the previous related literatures from three aspects,and briefly discusses the concept and effectiveness of the establishment of the adoption relationship from the perspective of this research.Secondly,based on a national judgment on the dispute over the adoption relationships,the author uses the method of empirical research to analyze the result of each verdict,and finally concludes the main sticking point which leads to the failure of adoption relationship.Then,combined with the practical characteristics of adoptive relationship in sample cases and the legal stipulation of adoption relationship,analyze the causes of the crux of the problem synthetically,and then in-depth discussion of the problem of adopting legislation to change society.Finally,on the basis of the above analysis,this paper puts forward some suggestions on the legislative aspect of the establishment system of adoptive relationship.The innovation of this paper is to probe into the deficiencies of the establishment system of adoptive relationship through the specific cases in judicial practice,analyze the causes and put forward some suggestions to improve the effective governance ability of adoption legislation to the adoption relationship problem.