“小黑孩”落户难的困局及出路

The Dilemma of Difficult Settlement of“the Little Black Child”and the Way Out

目前,我国待收养的儿童已达数十万人之多。从表面上看,由于相关法律法规的矛盾和滞后以及职能部门因存在利益分割而未形成统一有序的协调机制,导致有相当一部分儿童是通过非法程序领养的"小黑孩"。因为欠缺必要的合法身份,这部分特殊群体在教育、医疗、继承、养老等方面的权益无法获得有效保障,成为各级信访部门接访的重点和难点问题。然而,造成"小黑孩"落户难的深层次原因在于立法和执法部门在法律价值取向方面发生了偏差,未能将人身权益保障所指代的平等公平的法律终极目标的实现作为解决"小黑孩"户籍问题的中心。因此,破解"小黑孩"落户难的困局应从修改完善相关法律法规、建立统一协调的联动机制、推动我国户籍制度改革和充分发挥信访功能作用等方面努力。

At present,the number of children to be adopted in China has reached several hundreds of thousands. Viewed on the surface,quite a number of children become "the little black child" through illegal adoption procedures due to the lack of unified and orderly coordination mechanism,which results from the contradiction and lagging behind of relevant laws and regulations,and the division of profit in some functional departments. Because this special group have no necessary legal identity,it is impossible for them to get effective guarantee in their rights of education,medicine,inheritance and pension etc.,and this becomes the key and difficult problems for various petition departments. However,the reason in-depth that causes the difficult settlement of "little black child" lies in the deviation of legal value orientation in legislative and law enforcement agencies. The ultimate goal of legislation is equality and fairness,which is also what protection of personal rights demonstrates,and they don’t try to realize this goal as the center of solving the settlement problem of "the little black child". Therefore,to solve the problem of difficult settlement of "the little black child",we should make efforts to amend and complete relevant laws and regulations,set up the unified and coordinate linkage mechanism,promote the reform of Chinese household registration system,and give full play to the function of petitions in the form of letters and visits.