Research On Adult Adoption System In China

Adult adoption has a long history,and together with the adoption of minors plays a crucial role in the development of the adoption system.Most of the world countries are taking adoption of minors with adults adopt parallel mode,only a few countries only provide for a mode of adoption,our country is one of them.China's Adoption Law stipulates that the adoptee is a minor under the age of 14,which fully highlights the “child-raising” function of adoption and has played a role in alleviating related social issues in a certain historical period.However,with the in-depth development of the family planning policy,the number of one-child families in China has increased dramatically,and because one-child families have unique risks relative to non-only-child families,some one-child families will become accidental.In the lonely family,the old people in these families are also faced with the double problems of psychological trauma that is difficult to smooth and support their old age.In addition,for those families who are not independent,because of the rapid socio-economic development and the ever-increasing size of the population,many young people have left their hometowns to go alone and have left a large number of empty nesters,even if they are economically On the rich,but its unaccompanied care all year round,not only the spiritual world is extremely lonely,and many times the sudden illness is unknown.To sum up,the problem of old-age care for the lack of independence and empty nesters is very serious.In addition,orphans and disabled people are a special group in our country.Many of the large number of adult orphans and disabled people are unable to make a living on their own.Many of the orphans and disabled people who are able to seek a livelihood are unavoidably involved in their work because of their special experiences.There is a situation of low self-esteem,sensitivity or difficulty in integrating into the collective.It can be seen from the above that at present,China's adult orphans are in a state of concern.Based on the emergence of new social issues in the above two aspects,it is not difficult for us to find that the single “child-raising” function of the adoption law can no longer meet the actual needs.Therefore,the author believes that the “Adoption Law” should be given timely “old-age” function and “weakening” function to deal with new social issues.This will be achieved by expanding the range of adoptees and adding an adult adoption system.This article uses comparative analysis and induction analysis methods to conduct research.Through the analysis of emerging social issues,it is concluded that the adoption of an adult adoption system can be adopted to solve the problem.First of all,it briefly introduces the related and historical development of adult adoption and the controversy over whether or not an adult adoption system should be established in China.Secondly,it fully analyzes the necessity and feasibility of setting up an adult adoption system in China.Finally,it draws lessons from extraterritorial related legislation and puts forward the concept of setting up an adoption system for adults in China.Based on the above ideas,this article is divided into the following four parts:The first Chapter is about the overview of Adult Adoption.First of all,we review the connotation of adult adoption and its development in world history.Second,we analyze the different arguments of Chinese scholars about whether we should adopt adult adoption in the adoption law of our country.Finally,we draw the author's opinion that adults should be established in our country.Incomplete adoption perspective.The second chapter is about the necessity and feasibility of establishing adult adoption in our country.Through the analysis of the establishment of an adult adoption system in China that can meet the adoption needs of the elderly,such as the lack of independence and empty nests,as well as the adoption needs of orphans and disabled persons,it is possible to improve the adoption legislation in China,and to show that China has the need to establish an adult adoption system.In addition,through the analysis of Chinese scholars' research on adult adoption system and the content of the legislation system existing in our country's history,combined with the legislation of the civil law countries on the adoption system for adults,to illustrate it works to establish an adult adoption system in China.The third chapter is about the legislation of extraterritorial adult adoption and its enlightenment to China's adopting legislation.Mainly through the analysis of adult adoption systems in civil law countries(such as the principles of adoption,essential elements of adoption,formal elements of adoption,consent of adoption,effect of adoption,revocation of adoption,etc.),from which they are drawn to China.The inspiration for establishing adult adoption in these areas.The fourth chapter considers the establishment of an adult adoption system in China.This chapter clarifies that China should establish an adult adoption system in China in accordance with the needs of social reality.According to the purpose of setting up adoption for adults different from the adoption of minors,it is pointed out that adopted adults should adopt the mode of incomplete adoption.Finally,it is proposed that an adult adoption system should be established in China.The design differs from the actual requirements and formal requirements of adoption in the current adoption law in China.It also shows that for the adult adoption system,a corresponding revocation system,trial adoption period system,and adoption should be established.After the founding of the tracking investigation and reporting mechanism,and the state should support policies to support the adoption of the handicapped family.