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China, international adoption laws conflict and its coordination to solve
Author: YinMingXia
Tutor: FengXia
School: China University of Political Science
Course: International Law
Keywords: Foreign adoptions Inter-district adoption Conflict of laws Conflict of laws
CLC: D997.1
Type: Master's thesis
Year: 2006
Downloads: 205
Quote: 0
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Abstract
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The rights and interests of children are increasingly stressed , adoption as the protection of the interests of children , an important way to provide a harmonious growth environment for children without families , is beginning to attract people's attention . In the adoption system , inter-district adoption is an important form of adoption . But followed the adoption of inter-district legal conflict , gave legal circles a new topic . I believe that it is necessary adoptions conflict on China 's inter-district civil legal acts of inter-district adoption rules to follow to solve China 's increasingly obvious inter-district adoption laws conflict , the effective protection of the adopted child to adoption of the legitimate rights and interests of the parties and other legislative status and legal practice to explore . To this end , the author under the guidance of instructors , carefully read a lot of information , more in-depth thought , there was some discussion of the problems , completed Cipian master's degree thesis . This article is divided into four chapters : Chapter I start from the concept of the Adoption Act , inter-district adoption of an overview of the legal system , including the different aspects of the Adoption Law , Foreign Adoption Law and inter-district Adoption Law . The second chapter through the introduction of the history and current situation of the legal system of inter-district adoptions , discussed the inter-district adoptions conflict has arisen due to its own characteristics . In view of the four jurisdictions in China have their own reasons for adoption of legislation formation vary greatly , the chapter on the origins of the adoption of the legal system in Mainland China and Hong Kong , Macao , Taiwan , were introduced and compared . The third chapter was established from the adoption of the substantial elements of formal requirements , Effect of adoption and adoptive relationship lift aspects of inter-district adoption legal system are discussed , and a detailed analysis of the causes of the conflict . Chapter IV on the basis of the analysis and discussion of the first three chapters , some of the ideas and methods to solve inter-district adoption laws conflict , in the hope that the adoption of Interregional Conflict of Laws to make some thinking .
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