论养子女最佳利益原则

On the Principle of Best Interests for the Adoptive Children

随着现代收养核心的转变,养子女最佳利益原则逐渐成为诸多国家收养制度中的基本原则。养子女最佳利益发展自子女最佳利益,但却不尽相同。我国《收养法》未明确规定该原则,导致在收养实践当中极易造成对未成年人权益保护的不当。作为《儿童权利公约》的签约国,我国应当将养子女最佳利益原则作为收养制度的原则之一,并进一步完善我国收养法的具体规定,使该项原则作为整个收养法在立法、司法、执法中的原则。

With the transformation of the core of modern adoption, principle of best interests for the adoptive children has gradually became the basic principle in the Adoption of the system of many country. Principle of best interests for the adoptive children developed from principle of best interests for children, but not the same. China＇s Adoption law haven＇t clearly stipulated the principle, cause it＇s extremely easily lead to the minor rights and interests improper protection in practice. As the member of the signatory of Convention on the rights of the child, China should make the principle of best interests for the adoptive children be one of the principle adoption systems, and further improve the specific provisions of the adoption law of our country, and make it be the principle in the Adoption law＇s legislative, judicial and law enforcement.