论我国涉外收养的法律适用

The Applicable Law of Foreign Adoptions

收养作为亲属法的制度之一,受到一国国内许多因素的影响,故各国的收养制度不一。而随着涉外收养的产生,法律冲突逐渐凸显,涉外收养的法律适用问题值得进一步的研究。文章以介绍涉外收养法律适用的基本问题为基础,提出其存在的法律冲突以及适用原则,阐述分析国外涉外收养法律适用的立法模式,以及国内涉外收养法律适用规定,并指出所存在不足,进而提出相关的完善建议。

As one of the family law system,the law of adoption is different in various countries due to the influence of many factors. With the increase of the cases,the legal conflicts are more obvious. The issue of applicable law of foreign adoption is worth studying. Based on introducing the basic issues,the legal conflicts and applicable principles are proposed. The legislation models in foreign countries,as well as regulations of applicable laws in China,are analyzed. The problems are pointed out and proposals for improvement are suggested.