| Adoption refers to taking another’s child as one’s own child in accordance with legal procedures,thereby forming a parent-child relationship.Adoption is a special kind of kinship that is influenced by many factors.Since the late 1970s,the number of Chinese children adopted abroad has been increasing year by year,and has now reached a level of more than 20,000 per year.Moreover,with the continuous development of modern society,the ties between countries are continuously strengthened,and the increasing frequency of population mobility has expanded the scope of intercountry adoptions,and issues related to conflict of laws and the application of laws are constantly exposed.As a traditional big country of adoption,my country has long stipulated the application of Chinese laws and regulations to the law of intercountry adoption.For example,the "Regulations on the Registration of Adoption of Children by Foreigners in the People’s Republic of China" and the "Law on the Application of Laws for Foreign-related Civil Relations" have clearly stated,and my country has joined the law.The Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption seeks to cooperate with other countries in the field of intercountry adoption and promote the establishment of legal relations for intercountry adoption,However,there are still many deficiencies in the legislation and judicial practice of intercountry adoption in our country,and it is necessary to further improve the relevant provisions from the perspective of the application of the law on intercountry adoption.This paper discusses the legal application of inter-country adoption in my country from four parts.The first part compares the legislative models of inter-country adoption law.Through the analysis and research of national legislation and international conventions,it expounds the two ways in which countries deal with cross-border legal conflicts.,that is,the handling method dominated by jurisdiction and the handling method dominated by conflict of laws,and compare the two,and then analyze the choice of our country’s legislative model for the application of law on intercountry adoption.The second part expounds the legislative development of my country’s law on intercountry adoption in three stages in chronological order,and points out the defects in Article 28 of the Law on the Application of Law,the latest legal provisions on,the application of law on intercountry adoption,including our country’s There is no distinction between the substantive conditions and formal requirements for the application of the law on intercountry adoption,and the application of conflicting norms in a unified and overlapping manner is not conducive to the establishment of intercountry adoption;the choice of the applicable law for intercountry adoption excludes the parties’autonomy of will and reduces the choice of the parties.legal space;and my country has not defined the concept of "children" in adoption.The third part collects and sorts out the practical cases of intercountry adoption,and analyzes the legal application dilemma of our country’s intercountry adoption from the field of judicial practice,including the legal application problem caused by the defects of substantive law and the dilemma of choosing the applicable law in practice.The fourth part,combined with the legal application mode of foreign intercountry adoption,puts forward reasonable suggestions on the application of law in our country from the perspectives of substantive law and conflict of laws,that is,to further improve his habitual residence,and to establish the essence of intercountry adoption.The legal application of elements and formal elements should be distinguished in order to better resolve the conflict of laws in intercountry adoption and promote the establishment of intercountry adoption relationship.The purpose of this paper is to discuss and study the legal application norms of intercountry adoption in my country,analyze and interpret the existing problems,and conduct a comparative study with the relevant regulations in the international community,so as to draw useful experience,so as to improve the legal application norms of intercountry adoption in my country,and provide a better basis for adoption.The activity provides better guidance,resolves a series of conflicts arising from application issues,and promotes the healthy development of our country in the field of intercountry adoption. |
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