The Application of the Principle of the Best Interests of the Child in the Relationship of the Intercountry Adoption

Adoption is a long history mechanism which is the part of the relatives mechanism of the different of times and countries and the necessary complement of the family mechanism. In the whole adoption system, the intercountry adoption is a significant form. Along with the international communications of the various aspects between the countries becoming more and more, the number of the intercountry adoption are increasing which formed a attractive phenomenon in the international society.Otherwise, with the children’s interests are being emphasized , the intercountry adoption as an important way to protecting the children’s interests and to providing a good circumstance to homeless children has been concerned. The implement of the principle of the children’s interests in the intercountry adoption is also the new task for the science of law.In order to provide some legal basis for the intercountry adoption , the international civil law activity, to protect the interests of the adoptee and adopter effectively, the Hague Conference on Private International Law adapted the treaty of the intercountry adoption in 29th’May ,1993. The treaty is a tremendous achievement of the Convention on Protective of Children and Cooption in Respect of Intercountry after four years hard work and a outstanding accomplish in the process of uniform of the international adoption law ,which is a milestone of the development of the intercountry adoption. For the protecting of the children’s most interest in the intercountry adoption, China shall enhance the cooperation between China and the other countries in the world. The adoption of the treaty is a huge breakthrough for the solution of the conflict law about the intercountry adoption.Although works for the intercountry adoption in China just started in recent decades, China is actually a big adoptee country. In the contrast, the legislation of adoption in our country and the practice about the intercountry adoption still have space to improved. The research about the treaty not only has a very important value in theory, but also in practice. Author considers the protecting of the children’s interests is the ultimate standard to design the intercountry adoption and relevant systems. Owning to the weakness of the children in physiology and economy, the civilized society shall give them special attentions and cares. The Principle of Children’ s Interests as the essential characteristic and core of value has become a common sense for the most International communities in the substantial law, application of law, judicial practice and international treaty of the intercountry adoption system. At last the author brings forward several thoughts and suggestions to improve our intercountry adoption system at the basis of children’s principal interests, with a desire to devote to resolutions the intercountry adoption problems earlier.