难民儿童跨国收养的法律问题研究
发布时间：2018-10-17 20:21
【摘要】： 当今世界,各国正在给予各类弱势群体以越来越多的关注,难民就是其中之一。他们不受自己国家的保护,权利义务得不到实现,甚至生命也受到威胁。为保护自己和家人朋友的安全,大量难民逃往他国寻求庇护。有些难民死在逃亡途中,那些最后到达庇护国的难民也是无家可归,生存条件极其恶劣,这其中当然也包括难民儿童。因此本文从收养的角度专门就难民儿童的保护提出了一些笔者自己的看法。 全文分为四章,以收养的操作程序为线索,首先是难民儿童跨国收养相关问题的界定,包括难民儿童的现状、对其收养加以讨论的必要性、其与一般收养存在的不同之处以及对当事人适格性的审查;审查通过后,进入正式的收养程序,在此本文重点探讨了难民儿童收养所存在的一些与一般收养不同的特殊问题,与一般收养共同存在的问题在本文中不做讨论。文章第三章研究的是难民儿童跨国收养的保密问题,收养是否应当保密是当今国际社会普遍比较关注又存在较大争议的一个问题,笔者认为该问题同样存在于对难民儿童的收养之中,因此值得研究。最后一章是对难民儿童跨国收养的承认的论述。一旦收养程序全部完成,收养正式成立,那么最后一个需要探讨的就是承认问题,因为收养仅仅成立是无法真正达到保护当事人尤其是被收养儿童利益的目的的,只有当收养得到其他国家的认可与承认后,其权益才能得到切实的保护。
[Abstract]:Refugees are one of the more and more vulnerable groups in the world. They are not protected by their own country, their rights and obligations are not fulfilled, and even their lives are threatened. In order to protect themselves and their family and friends, a large number of refugees fled to seek asylum in other countries. Some die on the run, and those who end up in asylum countries are homeless and living in dire conditions, including refugee children. Therefore, this paper puts forward some views on the protection of refugee children from the perspective of adoption. The full text is divided into four chapters, with the operational procedure of adoption as the clue, first of all, the definition of the problems related to intercountry adoption of refugee children, including the current situation of refugee children, and the necessity of discussing the adoption of refugee children. The differences between the adoption and the adoption, and the examination of the suitability of the person concerned; after the adoption of the review, the adoption procedure has entered into the formal adoption procedure. This paper focuses on some special problems in refugee child adoption that are different from those in general adoption. The problem of common adoptions is not discussed in this paper. The third chapter studies the confidentiality of intercountry adoption of refugee children. Whether or not the adoption should be kept confidential is a controversial issue which is generally concerned by the international community. The author thinks that this problem also exists in the adoption of refugee children, so it is worth studying. The last chapter discusses the recognition of intercountry adoption of refugee children. Once the adoption procedure is fully completed and the adoption is formally established, then the last thing to be explored is recognition, because adoption alone cannot really protect the interests of the person concerned, especially the child who has been adopted. Only when adoptions are recognized and recognized by other countries can their rights and interests be effectively protected.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D99
本文编号：2277847
[Abstract]:Refugees are one of the more and more vulnerable groups in the world. They are not protected by their own country, their rights and obligations are not fulfilled, and even their lives are threatened. In order to protect themselves and their family and friends, a large number of refugees fled to seek asylum in other countries. Some die on the run, and those who end up in asylum countries are homeless and living in dire conditions, including refugee children. Therefore, this paper puts forward some views on the protection of refugee children from the perspective of adoption. The full text is divided into four chapters, with the operational procedure of adoption as the clue, first of all, the definition of the problems related to intercountry adoption of refugee children, including the current situation of refugee children, and the necessity of discussing the adoption of refugee children. The differences between the adoption and the adoption, and the examination of the suitability of the person concerned; after the adoption of the review, the adoption procedure has entered into the formal adoption procedure. This paper focuses on some special problems in refugee child adoption that are different from those in general adoption. The problem of common adoptions is not discussed in this paper. The third chapter studies the confidentiality of intercountry adoption of refugee children. Whether or not the adoption should be kept confidential is a controversial issue which is generally concerned by the international community. The author thinks that this problem also exists in the adoption of refugee children, so it is worth studying. The last chapter discusses the recognition of intercountry adoption of refugee children. Once the adoption procedure is fully completed and the adoption is formally established, then the last thing to be explored is recognition, because adoption alone cannot really protect the interests of the person concerned, especially the child who has been adopted. Only when adoptions are recognized and recognized by other countries can their rights and interests be effectively protected.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D99
【相似文献】
相关硕士学位论文 前2条
1 石玉;难民儿童跨国收养的法律问题研究[D];中国政法大学;2008年
2 王冠;涉外收养法律适用问题研究[D];大连海事大学;2008年
，本文编号：2277847
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