A Comparative Study on the Minor Children Legal of Adoption between Taiwan and China / 海峽兩岸未成年子女收養法之比較與研究

碩士 / 中國文化大學 / 法律學系 / 107 / abstract
The family system is based on the free development of personality and is essential for ensuring the functions of inheritance, education, the economy and culture. The purpose of adoption is evolved from the social changed and the trend. At the beginning, the purpose of adoption is for the clan and family. Than the purpose is changed to provide for the parents. Up to the present, the purpose of adoption is depended on the best interest of adoptee.
The adopting cases between Taiwan and China are increasing, because of language, culture, habits and customs are similar, hence, there are more and more interaction between Taiwan and China. The validity of adopting will be influence the litigants deeply. The thesis will compare with the adopts law between Taiwan and China. The minor child who under the fourteen can be adopted by China adopts law, but there is no age restriction requirement by adoption law in Taiwan. The thesis will only research on the adopting of minor child.
In order to promote the economic efficacy in procedure and strengthen the protection of the interests of the parties ,The Taiwan Law of Domestic Proceedings newly enacted the Representative in the Law of Domestic Proceedings.This system is to follow the example of Germany and Maryland. Therefore it is necessary to understand the relevant provisions of Germany and Maryland State. The research focused on the following three questions for the Representative.(1) legislation is necessary but qualification of Representative?(2)Is the authority of representative appropriate. Thus,this research propose the solution from legislative policy based on the view of comparative law and critical law.

Identiferoai:union.ndltd.org:TW/107PCCU0194002
Date January 2018
CreatorsLU,LI-SHENG, 呂理聖
ContributorsKUO,CHIN-MING, 郭欽銘
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format151

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