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In China, orphan care was once provided by the central government. The centralized child welfare service guaranteed that the poorest orphans received basic social services like food, accommodation and health care. However, the centralized social welfare system was gradually breaking down and new forms of orphan care have been introduced to China due to the social and economic reforms since the late 1970s. More stakeholders such as foreign foundations, NGOs and individual donors became involved in the orphan care services, sharing the responsibilities and burdens for caring orphans. However, many issues and problems in the Chinese orphan care system are also slowly surfacing.
在过去的中国，照顾孤儿的责任由中央政府负责，即使最贫穷的孤儿也获得基本的社会服务，如食物，住宿和医疗保健。然而，自20世纪70年代末以来随着中国的社会和经济改革，新形式的照顾孤儿制度被引入，旧有社会福利制度逐渐被打破，更多外国基金会，非政府组织和个人捐助者加入到为孤儿服务的行列中来，分担照顾孤儿的责任。然而，中国的孤儿监护系统仍有许多问题和困难存在。
Orphan Care System in China
中国孤儿监护系统
In recent years, the Chinese government and the general public have particularly paid attention to three types of orphans, i.e. orphans that are abandoned by their parents due to the one-child policy, disabilities or family poverty; orphans whose parents have died of AIDS; and orphans with parents in jail or prison. Under this background, the definition of the orphans has become wider. In 1992, the Ministry of Civil Affairs indicated that orphans referred to children under 14, whose both parents were dead; however, in 2006, Ministry of Civil Affairs with other 14 ministries issued the “Suggestions on Enhancing the Assistance Work for Orphans” which stated that orphans are those under 18 who have lost their parents through death or abandonment and are unsupported by others. With the wider definition, more abandoned and homeless children will be included a safety net and will have access to the ministry’s assistance.
近年来，中国政府和广大市民特别重视三种类型的孤儿：由于独生子女政策被遗弃的孤儿；有残疾、家庭贫困或其父母死于艾滋病的孤儿;父母在服刑的孤儿。在此背景下，孤儿的定义变得更加广泛。1992年，民政部表示，孤儿是指父母双方都去世的14岁以下的儿童。然而，在2006年，民政部等14个部委下发了《关于加强孤儿救助工作的建议》，建议指出失去父母和无人抚养的未满18岁的未成年人都属于孤儿范围。在更广泛的定义下，更多被遗弃和无家可归的儿童被纳入社会保障的安全网，亦有更多机会获得政府部门的协助。
According to the information recently released by the Ministry of Civil Affairs, China has about 615,000 orphans under 18. Among them, 109,000 are fostered by children welfare institutions sponsored by the Ministry of Civil Affairs, and the rest of them are raised by relatives, designated guardians, individuals and NGOs. So far, there are 9 provincial level child welfare agencies; 333 prefectural level child welfare agencies; 64 county level child welfare agencies; and more than 800 orphanages under social welfare agencies. 据民政部最近公布的信息显示，中国有大约615,000名18岁以下的孤儿。其中109,000位由民政部资助的儿童福利机构照顾。其余的孤儿，由孤儿的亲属、指定监护人、个人和非政府组织照顾。到目前为止，中国有9个省级儿童福利机构，333个地级市儿童福利机构，64个县级儿童福利机构，以及超过800个设在社会福利机构下的孤儿院。
Under the current regulation, welfare agencies, relatives and individuals taking care of orphans are entitled to receive allowances from the government. Welfare agencies receive no less than 1,000 yuan per month for each child and relatives or individuals receive no less than 600 yuan per month. Beijing provides the highest orphan support allowance in the whole country. 1,600 yuan is given to welfare agencies and 1,400 yuan is given to relatives or individuals.
根据目前的规定，照顾孤儿的社会福利机构、亲戚和个人都有权从政府领取津贴。每照顾一个儿童，社会福利机构每月获得不得低于1,000元补贴，亲戚或个人每月获得不低于600元补贴。在全国范围内北京提供最高的孤儿补助，分别为1,600元和1,400元。
Meanwhile, China has established tight adoption regulations. According to the Adoption Law of China, adopters shall be childless, capable of rearing and educating the adoptee; no illness which is deemed as medically inappropriate for the adopter to adopt children; and reached the age of 30. Orphans, disabled children or abandoned infants and children who are raised in the social welfare institutes, and whose biological parents cannot be ascertained or found, may be adopted irrespective of the restrictions that the adopter shall be childless and adopt one child only. All Adoptions shall be registered at the department of civil affairs of the people's government above county level.
与此同时，中国建立了严格的收养规定。根据中国收养法，收养人应当无子女，有能力抚养和教育被收养的人;没有被医学上视为不适合收养孩子的疾病，和年龄达到30岁。收养孤儿、残疾儿童，或者社会福利机构抚养的查找不到生父母的弃婴和儿童，可以不受收养人无子女和收养一名的限制。收养应当在县级以上人民政府民政部门登记。
Problems of the Orphan
Care System
孤儿监护系统的问题
Why does orphan care remain a problem in China although the government has established a child welfare system to look after orphans? Mr. Wang Zhen Yao, Professor of the School of Social Development and Public Policy of Beijing Normal University, believes that no child welfare law and no specialized government unit in dealing with child welfares are the key weaknesses of the orphan care system in China. “Without laws and government bureaus dedicated to the guarantee of child welfare, child welfare is little more than a series of well-meant phrases,” he said.
虽然政府设立了一个儿童福利制度照顾孤儿,为什么照顾孤儿在中国仍然是一个问题？北京师范大学社会发展与公共政策学院的王振耀教授认为，没有儿童福利法和专门的政府单位处理儿童福利是中国的孤儿监护系统的关键弱点。 “如果没有专门的法律及政府部门来保证儿童的福利，儿童福利只是善意的短语。”他说。
Another problem of the orphan care system is monitoring and follow-ups after adoption. Although the adoption law of China has set several criteria for adoptive parents like having the financial situation to raise a child, further regulations and monitoring and follow-up measures are missing. And local governments also usually turn a blind eye to the adoption of abandoned children. Therefore, many problems exist such as unqualified adoptive parents, illegal adoption procedures and poor supervision. In the Lankao case, Yuan is not qualified to adopt children since she doesn't have the economic means to care for so many disabled children as running a fruit stall, doing odd jobs and receiving occasional donations were her main sources of income. Even though the local government was fully aware of the illegal adoption, the local government acquiesced to her unregistered "adoptions" and brought cash and food to the children from time to time. 孤儿监护系统中的另一个问题是监测和跟进。虽然中国的收养法设立了几个标准，如养父母拥有稳定的财务状况，但没有进一步规定监测和跟进措施。而对遗弃儿童的收养，地方政府通常也视而不见。因此有不少问题出现，如不合格的养父母，非法收养程序和监管不力。在火烧兰考孤儿院的事件中，袁厉害根本没有资格领养孩子，因为她没有经济能力照顾这么多的残疾儿童。她的主要收入来源是开水果摊，打零工和偶尔的捐款。尽管当地政府充分认识到袁的非法收养，但当地政府默许了她未注册的“收养”，不时给孩子们送来现金和食品。
In addition, only near to one-sixth of orphaned and abandoned children are residing in the government funded- institutions. These orphanages are unevenly distributed and most of them can only be founded in relatively prosperous and large cities like Beijing, Shanghai, Guangzhou and Tianjin. The poorest counties do not have social welfare institutions for orphanages. For example, Lankao County, a poor stricken county with a population of 760,000, has no orphanages or welfare houses. It clearly reveals that China does not have enough government funded-institutions for orphanages. Those orphans and abandoned children have to rely on their relatives or on private efforts by people like Yuan.
另外，只有近六分之一的孤儿和被遗弃的儿童居住在政府资助的机构。这些孤儿院的地域分布极不均衡，大部分建立在比较繁华的城市，如北京、上海、广州、天津。最贫困的县没有为孤儿成立的社会福利机构。例如，人口约76万的兰考县因贫穷，没有孤儿院或福利院。这清楚地表明了中国没有足够的政府资助的孤儿院。这些孤儿和被遗弃的儿童必须依靠他们的亲属或私人来照顾。
Also the fact is, financial support from the central government for China's grassroots welfare houses for children are far from enough. Some government funded- orphanages in China do not take orphans coming from outside of the city due to the financial difficulties and facilities limitation. It leaves the majority of orphans to be taken care of by relatives or private orphanages established by charitable figures like Yuan. However, these private orphanages also face many difficulties like shortage of funds, lacking professional trained staff and sufficient facilities.
事实上，中国中央财政对基层儿童福利院的支持远远不够。由于财政困难和设施的限制，中国一些政府资助的孤儿院不接收本市以外的孤儿。大部分照顾孤儿的责任落在亲属或慈善人物身上。然而，这些私人孤儿院也面临着许多困难，如资金短缺，缺乏专业工作人员和足够的设施。
Under the current law, existing specifications make it difficult for some homeless children or abandoned children to be identified as orphans. In accordance with the policy requirements, orphan status can only be approved if they show a certificate of death of their parents from the local public security bureau or a certificate issued by the People's Court that declared the death or missing of orphan’s parents. Only with the orphan status, they can receive monthly allowance from the government. For those abandoned children who have no idea who their parents are, it is impossible to get such a certificate. “In most areas, especially mountainous, pastoral and ethnic minority areas, a certificate of death or disappearance of orphans’ parents is difficult to get,” Mr. Xu Jianzhong, the Deputy Director of Social Welfare and Charity Promotion of Ministry of Civil Affairs, said in an interview. 根据现行的法律，一些无家可归的孩子或被遗弃的儿童难以被定为孤儿。按照政策要求，只有当儿童能提出有效的父母死亡证明，或公安机关颁发的由人民法院宣布其父母死亡或失踪的证明文件，他们才能有孤儿的身份，有了孤儿身份，他们才可以从政府领取每月津贴。而那些被遗弃的孩子，他们不知道自己的父母是谁，就不可能得到这样的证书。“在大多数地区，特别是山区、牧区和少数民族地区，孤儿的父母死亡或失踪的证明是很难得到的。”民政部社会福利和慈善事业促进处副处长徐建中先生在接受记者采访时说。
Looking for Solutions
寻找解决方法
There are many loopholes in the current China’s orphan care system. The similar tragedy can happen again unless the government improves the child welfare system. Mr. Wang Zhenyao commented: "The Lankao fire is not an isolated incident. In my opinion, the tragedy is partly a result of China's child welfare system. Tragedies are likely to happen in other places too." How can we prevent the tragedy from happening again?
当前的中国孤儿监护系统存在很多漏洞。除非政府改善儿童福利制度，类似的悲剧可能再次发生。“兰考的火灾不是一个独立的事件。在我看来，悲剧发生的部分原因是中国的儿童福利制度，悲剧有可能发生在其他地方。”王振耀先生评论道。我们怎样才能防止悲剧再次发生？
To root out problems, a functioning child welfare system is required. A functioning system requires child welfare laws and specific government bureaus dedicated to children, since they are a fundamental guarantee of child welfare. Only when the government establishes child welfare unit under the legislation to support families who take in abandoned children can the children's quality of life be guaranteed and it will lead to more private adopters caring for children. "Only when enforceable laws are enacted will the authorities are able to help ‘kindness mothers' such as Yuan Lihai," said Wang.
要根除问题，一个有效的儿童福利制度是必需的。一个有效的儿童福利系统需就要有相关儿童福利法和具体的政府儿童福利部门，因为这是儿童福利的根本保证。只有政府依法建立儿童福利单位，以支持家庭收养被遗弃的儿童，儿童的生活质量才能得到保证，并使更多孤儿被收养。“只有法律通过后，才能够帮助如袁厉害一样的善良母亲。”王说。
Another reason for the need of passing the child welfare laws is to extend China's social welfare umbrella to the disabled and sick children. It is reported that some 100,000 children are abandoned every year in China, most of them are sick and disabled, because the cost of caring disabled children in China is great and not many financial and care supports are provided by the government. Many families cannot provide suitable care for their disabled children. Therefore, families decide to abandon their children. When the society provides complete and sufficient support for those families with disabled children, those disabled children won't be abandoned by their parents.
需要通过儿童福利法的另一个原因，是将中国的社会福利伞延伸到残疾和生病的孩子。据悉，在中国，每年约有10万儿童被遗弃，他们中的大多数都是有病或残疾。因为照顾残疾儿童的成本巨大，政府没有提供足够的财政和护理上的支持，许多家庭无法为残疾儿童提供适当的照顾，因此，家属决定放弃自己的孩子。只有当社会提供一个完善的和足够的支援，残疾儿童才不会轻易被自己的父母遗弃。
In China, private adopters are playing a leading role in caring for children; however, they do not receive enough financial assistance from the state. The government should provide financial assistance for the qualified families to encourage adoption. However, if the government does not have enough money to care for the children or provide enough financial assistance for the adopted family, the government should establish an evaluation system to check the qualifications of families who take in children and guarantee that the adopted children's living conditions meet certain levels. 中国的私人收养者发挥了带头作用。但是，他们并没有得到国家足够的财政援助。政府应提供财政援助给符合资格的收养家庭以鼓励收养。如果政府没有足够的财政支持收养家庭，政府应该建立一个评价系统检查收养家庭的资格，保证儿童生活条件达到一定水平。
There are many qualified adopters who want to adopt abandoned children, but they face a lot of difficulties. Adopting a child in China is not a simple matter. Applicants need to meet all requirements like being childless; submit all the necessary documents, and then applicants began a long waiting process. If applicants want to adopt a healthy baby girl, the adoption process normally take at least three years. It may take even longer, if applicants want to adopt a healthy baby boy. All paper work including bureaucratic fees related to the dossier can cost around RMB 35,000. The complicated application process, the long waiting time and these costs are enough to deter some prospective families from undertaking adoption. Prof. Wang described the adoption regulations in China as “overly stringent” and suggested that the government should revise its regulations on adoption and lower requirements for adoption.
有很多合资格的收养者想收养被遗弃的儿童，但他们面临着很大的困难。在中国收养孩子不是一件简单的事，申请人必须符合所有条件（如无子女），并提交所有必要的文件，然后开始漫长的等待过程。如果申请人想收养一个健康的女婴，收养过程通常至少3年甚至更长的时间。如果申请人要收养一个健康的男婴，所有相关费用加起来大约人民币35,000。复杂的应用程序，漫长的等待时间，和费用足以阻止一些有意向的家庭进行收养。对此，王教授也表示，中国的收养的条件“过于严厉”，并建议政府应修订其关于收养的规定和降低相关要求。
How Other Countries Help Abandoned Children?
其他国家如何帮助被遗弃的儿童？
The institutional care system (also known as orphanages) has been regarded to have significant negative effects on a child’s ability to bond and form relationships to children. Therefore, orphanages are considered as a lousy place to raise children, since every child deserves prompt consistent care, lots of verbal and physical stimulation, and love, and many orphanages often fail to provide the individual sustained attention and stimulation a child needs. And many developed countries have begun the process of de-institutionalization of the institutional care system for children, in favor of foster care and adoption.
制度化的儿童监护系统（也被称为孤儿院）一直被视为对孩子的人际交往能力有负面影响。因此，孤儿院并不被认是抚养孩子的好地方，因为每个孩子都应该得到适当的护理，大量的言语、身体刺激和爱。但许多孤儿院往往不能满足上述要求。许多发达国家已经开始放弃制度化儿童监护系统，而支持寄养和收养。
What is foster care and adoption? Foster care is where a family or an individual cares for other people’s children in their own homes. Their age can range from 0-18 years. Some children need care for just a few days, some for a few weeks, and some for years. Adoption is when an adult becomes legally responsible for a child’s needs as if that child was born to him or her. 什么是寄养和收养？寄养是在自己家中寄养别人家的孩子。寄养孩子的年龄可以从0-18岁。有些孩子需要短短几天的照顾，有的几个星期，一些需要多年的照顾。收养是将别人的儿女作为自己的儿女来抚养，并在法律上对被收养儿童负责。
Foster care is encouraged in many developed countries and is considered as a better alternative option to orphanages. In order to encourage fostering, the government will provide financial and professional supports to those who provide foster care.
寄养在许多发达国家被认为是一个更好的选择方案。为了鼓励寄养，政府为寄养者提供资金和专业支持。
In UK, fostering families get an allowance to cover the cost of caring for a child like household costs, food, clothes, travel, school dinners and any other things required to look after a foster child. For examples, from 2012 to 2013, a fostering family can receive ?132 per week to look after a baby, ?135 for a pre- primary school child; ?151 for a primary school child; 171? for a teenage between the age of 11 and 15; and 201? for a teenage between the age of 16 and 17 in London. A care taker can receive more allowance if the child has specific needs, or the care taker has certain skills and makes a particularly large commitment to the fostering. Fostering families also receive tax exemption up to ?10,000 and get a tax relief.
英国政府为寄养家庭提供津贴，以支付寄养孩子家庭的开支，如食品，服装，交通，学校的晚餐和任何其他事情。在2012到2013年，在伦敦，寄养家庭可以收到每周132英镑用以照顾一个婴儿，就读幼儿园的孩子为135英镑，就读小学的孩子为151英镑，11至15岁之间的青少年为171英镑，16至17岁之间的青少年为201英镑。如果孩子有特定的需求，寄养者需要有一定的技巧和坚毅的承诺心，政府会给予寄养者更多的津贴。寄养家庭还可享受高达1万英镑税收豁免，并获得税收减免。
In addition to financial support, fostering families can also receive preparation trainings and professional supports from the related government departments or agencies.
除了财政支持，寄养家庭还可以获得相关政府部门或机构提供的培训和专业支持。
In Australia, the preparation training is essential for a fostering person. The training topics includes: providing foster care as part of a team; caring for the child: understanding trauma and attachment; caring for the child: ‘healing’ parenting skills; bringing a child into your home: considerations and impacts; self-development and self-care; leaving care, policies, reviewing and evaluation. Fostering families’ carers will not be approved until they have completed all sessions of preparation training. Foster care staffs also offer practical help and professional support through regular telephone calls, home visits and after-hours support.
在澳大利亚，寄养者必须参加培训。培训的内容包括：寄养孩子是一个团队活动；照顾孩子；了解创伤; 照顾孩子；“医治”和管教技巧；把孩子带回家；注意事项和影响；自我发展和提供寄养自我护理; 离开；政策，审查和评价。完成所有准备培训会议前，寄养家庭不被批准寄养。寄养的负责人还通过定期电话、家访和下班后的支持，提供实用的帮助和专业支持。
Another measure taken by the government to help abandoned children is to encourage adoption by speeding up the adoption process, as many potential adopters decide not to adopt children due to a long waiting process. 政府为了帮助被遗弃的儿童所采取的另一项措施是加快收养程序，因为很多潜在的收养者放弃收养儿童是由于等待过程太过漫长。
In UK, children wait for an average of two years and seven months before being adopted. In 25% of cases, it takes three years. Therefore, there is a need to shorten the waiting period. British Prime Minister David Cameron demanded that local councils speed up their adoption services and planed to establish a more effective national register to match children with families who want to adopt. A new time limit will be imposed to force councils to approve prospective adoptions more quickly. This new, effective and less time consuming adoption procedure is expected to take place in the second half of 2013.
在英国，儿童平均需要等2年7个月被收养。25％的儿童需要等待三年时间。因此，有必要缩短轮候时间。英国首相戴维·卡梅伦要求地方议会加快他们的领养服务，并计划建立一个更有效的国家登记册，设立一个新的时间限制，以督促议会更快批准领养。这种新的、有效的、耗时更少的收养程序，预计将在2013年下半年实施。
International adoption is another option for helping orphans. Some governments in developing countries encourage foreign adoption. The Indian government intends to increase the number of children available to overseas families in Europe, Canada, Australia, New Zealand and the United States. India plans to cut the waiting time to a maximum of 45 days, while inter-country adoption usually takes more than a year.
一些发展中国家的政府鼓励外国收养。印度政府打算增加欧洲、加拿大、澳大利亚、新西兰和美国的海外家庭收养儿童的数量。国家间收养通常需要一年多的等待时间，但印度计划削减至45天。
Regional organizations like European Parliament also urge all EU institutions to play a more active role in facilitating international adoption, saying that placing a child in institutional care should be the very last option and should be a temporary one. A resolution from the European Parliament stated that “adoption, and where necessary international adoption, should be encouraged, so as to give children who are abandoned or at risk of becoming institutionalized in orphanages a family life.” The text added that “adoption or an alternative family care solution, such as foster and residential care, should preferably take place in the child's country of origin. Otherwise, an adoptive family should be found in another EU member state.”
区域组织如欧洲议会也呼吁所有欧盟机构在推动国际收养中发挥加更积极的作用。利用制度化的儿童监护系统照顾孩子应该仅是最后的选择和临时措施。欧洲议会的决议指出：“收养，必要时国际收养，应鼓励。给被遗弃在孤儿院的孩子提供家庭生活。”补充说：“收养或家庭照料是解决方案，孩子最好是能留在自己国家。如果做不到这一点，收养家庭应是另一欧盟成员国公民。”
The question that remains is how and to what extent China can adapt to foreign practices on orphan care.
问题依然是中国应如何以及能在何种程度上能适应国外的做法。
在过去的中国，照顾孤儿的责任由中央政府负责，即使最贫穷的孤儿也获得基本的社会服务，如食物，住宿和医疗保健。然而，自20世纪70年代末以来随着中国的社会和经济改革，新形式的照顾孤儿制度被引入，旧有社会福利制度逐渐被打破，更多外国基金会，非政府组织和个人捐助者加入到为孤儿服务的行列中来，分担照顾孤儿的责任。然而，中国的孤儿监护系统仍有许多问题和困难存在。
Orphan Care System in China
中国孤儿监护系统
In recent years, the Chinese government and the general public have particularly paid attention to three types of orphans, i.e. orphans that are abandoned by their parents due to the one-child policy, disabilities or family poverty; orphans whose parents have died of AIDS; and orphans with parents in jail or prison. Under this background, the definition of the orphans has become wider. In 1992, the Ministry of Civil Affairs indicated that orphans referred to children under 14, whose both parents were dead; however, in 2006, Ministry of Civil Affairs with other 14 ministries issued the “Suggestions on Enhancing the Assistance Work for Orphans” which stated that orphans are those under 18 who have lost their parents through death or abandonment and are unsupported by others. With the wider definition, more abandoned and homeless children will be included a safety net and will have access to the ministry’s assistance.
近年来，中国政府和广大市民特别重视三种类型的孤儿：由于独生子女政策被遗弃的孤儿；有残疾、家庭贫困或其父母死于艾滋病的孤儿;父母在服刑的孤儿。在此背景下，孤儿的定义变得更加广泛。1992年，民政部表示，孤儿是指父母双方都去世的14岁以下的儿童。然而，在2006年，民政部等14个部委下发了《关于加强孤儿救助工作的建议》，建议指出失去父母和无人抚养的未满18岁的未成年人都属于孤儿范围。在更广泛的定义下，更多被遗弃和无家可归的儿童被纳入社会保障的安全网，亦有更多机会获得政府部门的协助。
According to the information recently released by the Ministry of Civil Affairs, China has about 615,000 orphans under 18. Among them, 109,000 are fostered by children welfare institutions sponsored by the Ministry of Civil Affairs, and the rest of them are raised by relatives, designated guardians, individuals and NGOs. So far, there are 9 provincial level child welfare agencies; 333 prefectural level child welfare agencies; 64 county level child welfare agencies; and more than 800 orphanages under social welfare agencies. 据民政部最近公布的信息显示，中国有大约615,000名18岁以下的孤儿。其中109,000位由民政部资助的儿童福利机构照顾。其余的孤儿，由孤儿的亲属、指定监护人、个人和非政府组织照顾。到目前为止，中国有9个省级儿童福利机构，333个地级市儿童福利机构，64个县级儿童福利机构，以及超过800个设在社会福利机构下的孤儿院。
Under the current regulation, welfare agencies, relatives and individuals taking care of orphans are entitled to receive allowances from the government. Welfare agencies receive no less than 1,000 yuan per month for each child and relatives or individuals receive no less than 600 yuan per month. Beijing provides the highest orphan support allowance in the whole country. 1,600 yuan is given to welfare agencies and 1,400 yuan is given to relatives or individuals.
根据目前的规定，照顾孤儿的社会福利机构、亲戚和个人都有权从政府领取津贴。每照顾一个儿童，社会福利机构每月获得不得低于1,000元补贴，亲戚或个人每月获得不低于600元补贴。在全国范围内北京提供最高的孤儿补助，分别为1,600元和1,400元。
Meanwhile, China has established tight adoption regulations. According to the Adoption Law of China, adopters shall be childless, capable of rearing and educating the adoptee; no illness which is deemed as medically inappropriate for the adopter to adopt children; and reached the age of 30. Orphans, disabled children or abandoned infants and children who are raised in the social welfare institutes, and whose biological parents cannot be ascertained or found, may be adopted irrespective of the restrictions that the adopter shall be childless and adopt one child only. All Adoptions shall be registered at the department of civil affairs of the people's government above county level.
与此同时，中国建立了严格的收养规定。根据中国收养法，收养人应当无子女，有能力抚养和教育被收养的人;没有被医学上视为不适合收养孩子的疾病，和年龄达到30岁。收养孤儿、残疾儿童，或者社会福利机构抚养的查找不到生父母的弃婴和儿童，可以不受收养人无子女和收养一名的限制。收养应当在县级以上人民政府民政部门登记。
Problems of the Orphan
Care System
孤儿监护系统的问题
Why does orphan care remain a problem in China although the government has established a child welfare system to look after orphans? Mr. Wang Zhen Yao, Professor of the School of Social Development and Public Policy of Beijing Normal University, believes that no child welfare law and no specialized government unit in dealing with child welfares are the key weaknesses of the orphan care system in China. “Without laws and government bureaus dedicated to the guarantee of child welfare, child welfare is little more than a series of well-meant phrases,” he said.
虽然政府设立了一个儿童福利制度照顾孤儿,为什么照顾孤儿在中国仍然是一个问题？北京师范大学社会发展与公共政策学院的王振耀教授认为，没有儿童福利法和专门的政府单位处理儿童福利是中国的孤儿监护系统的关键弱点。 “如果没有专门的法律及政府部门来保证儿童的福利，儿童福利只是善意的短语。”他说。
Another problem of the orphan care system is monitoring and follow-ups after adoption. Although the adoption law of China has set several criteria for adoptive parents like having the financial situation to raise a child, further regulations and monitoring and follow-up measures are missing. And local governments also usually turn a blind eye to the adoption of abandoned children. Therefore, many problems exist such as unqualified adoptive parents, illegal adoption procedures and poor supervision. In the Lankao case, Yuan is not qualified to adopt children since she doesn't have the economic means to care for so many disabled children as running a fruit stall, doing odd jobs and receiving occasional donations were her main sources of income. Even though the local government was fully aware of the illegal adoption, the local government acquiesced to her unregistered "adoptions" and brought cash and food to the children from time to time. 孤儿监护系统中的另一个问题是监测和跟进。虽然中国的收养法设立了几个标准，如养父母拥有稳定的财务状况，但没有进一步规定监测和跟进措施。而对遗弃儿童的收养，地方政府通常也视而不见。因此有不少问题出现，如不合格的养父母，非法收养程序和监管不力。在火烧兰考孤儿院的事件中，袁厉害根本没有资格领养孩子，因为她没有经济能力照顾这么多的残疾儿童。她的主要收入来源是开水果摊，打零工和偶尔的捐款。尽管当地政府充分认识到袁的非法收养，但当地政府默许了她未注册的“收养”，不时给孩子们送来现金和食品。
In addition, only near to one-sixth of orphaned and abandoned children are residing in the government funded- institutions. These orphanages are unevenly distributed and most of them can only be founded in relatively prosperous and large cities like Beijing, Shanghai, Guangzhou and Tianjin. The poorest counties do not have social welfare institutions for orphanages. For example, Lankao County, a poor stricken county with a population of 760,000, has no orphanages or welfare houses. It clearly reveals that China does not have enough government funded-institutions for orphanages. Those orphans and abandoned children have to rely on their relatives or on private efforts by people like Yuan.
另外，只有近六分之一的孤儿和被遗弃的儿童居住在政府资助的机构。这些孤儿院的地域分布极不均衡，大部分建立在比较繁华的城市，如北京、上海、广州、天津。最贫困的县没有为孤儿成立的社会福利机构。例如，人口约76万的兰考县因贫穷，没有孤儿院或福利院。这清楚地表明了中国没有足够的政府资助的孤儿院。这些孤儿和被遗弃的儿童必须依靠他们的亲属或私人来照顾。
Also the fact is, financial support from the central government for China's grassroots welfare houses for children are far from enough. Some government funded- orphanages in China do not take orphans coming from outside of the city due to the financial difficulties and facilities limitation. It leaves the majority of orphans to be taken care of by relatives or private orphanages established by charitable figures like Yuan. However, these private orphanages also face many difficulties like shortage of funds, lacking professional trained staff and sufficient facilities.
事实上，中国中央财政对基层儿童福利院的支持远远不够。由于财政困难和设施的限制，中国一些政府资助的孤儿院不接收本市以外的孤儿。大部分照顾孤儿的责任落在亲属或慈善人物身上。然而，这些私人孤儿院也面临着许多困难，如资金短缺，缺乏专业工作人员和足够的设施。
Under the current law, existing specifications make it difficult for some homeless children or abandoned children to be identified as orphans. In accordance with the policy requirements, orphan status can only be approved if they show a certificate of death of their parents from the local public security bureau or a certificate issued by the People's Court that declared the death or missing of orphan’s parents. Only with the orphan status, they can receive monthly allowance from the government. For those abandoned children who have no idea who their parents are, it is impossible to get such a certificate. “In most areas, especially mountainous, pastoral and ethnic minority areas, a certificate of death or disappearance of orphans’ parents is difficult to get,” Mr. Xu Jianzhong, the Deputy Director of Social Welfare and Charity Promotion of Ministry of Civil Affairs, said in an interview. 根据现行的法律，一些无家可归的孩子或被遗弃的儿童难以被定为孤儿。按照政策要求，只有当儿童能提出有效的父母死亡证明，或公安机关颁发的由人民法院宣布其父母死亡或失踪的证明文件，他们才能有孤儿的身份，有了孤儿身份，他们才可以从政府领取每月津贴。而那些被遗弃的孩子，他们不知道自己的父母是谁，就不可能得到这样的证书。“在大多数地区，特别是山区、牧区和少数民族地区，孤儿的父母死亡或失踪的证明是很难得到的。”民政部社会福利和慈善事业促进处副处长徐建中先生在接受记者采访时说。
Looking for Solutions
寻找解决方法
There are many loopholes in the current China’s orphan care system. The similar tragedy can happen again unless the government improves the child welfare system. Mr. Wang Zhenyao commented: "The Lankao fire is not an isolated incident. In my opinion, the tragedy is partly a result of China's child welfare system. Tragedies are likely to happen in other places too." How can we prevent the tragedy from happening again?
当前的中国孤儿监护系统存在很多漏洞。除非政府改善儿童福利制度，类似的悲剧可能再次发生。“兰考的火灾不是一个独立的事件。在我看来，悲剧发生的部分原因是中国的儿童福利制度，悲剧有可能发生在其他地方。”王振耀先生评论道。我们怎样才能防止悲剧再次发生？
To root out problems, a functioning child welfare system is required. A functioning system requires child welfare laws and specific government bureaus dedicated to children, since they are a fundamental guarantee of child welfare. Only when the government establishes child welfare unit under the legislation to support families who take in abandoned children can the children's quality of life be guaranteed and it will lead to more private adopters caring for children. "Only when enforceable laws are enacted will the authorities are able to help ‘kindness mothers' such as Yuan Lihai," said Wang.
要根除问题，一个有效的儿童福利制度是必需的。一个有效的儿童福利系统需就要有相关儿童福利法和具体的政府儿童福利部门，因为这是儿童福利的根本保证。只有政府依法建立儿童福利单位，以支持家庭收养被遗弃的儿童，儿童的生活质量才能得到保证，并使更多孤儿被收养。“只有法律通过后，才能够帮助如袁厉害一样的善良母亲。”王说。
Another reason for the need of passing the child welfare laws is to extend China's social welfare umbrella to the disabled and sick children. It is reported that some 100,000 children are abandoned every year in China, most of them are sick and disabled, because the cost of caring disabled children in China is great and not many financial and care supports are provided by the government. Many families cannot provide suitable care for their disabled children. Therefore, families decide to abandon their children. When the society provides complete and sufficient support for those families with disabled children, those disabled children won't be abandoned by their parents.
需要通过儿童福利法的另一个原因，是将中国的社会福利伞延伸到残疾和生病的孩子。据悉，在中国，每年约有10万儿童被遗弃，他们中的大多数都是有病或残疾。因为照顾残疾儿童的成本巨大，政府没有提供足够的财政和护理上的支持，许多家庭无法为残疾儿童提供适当的照顾，因此，家属决定放弃自己的孩子。只有当社会提供一个完善的和足够的支援，残疾儿童才不会轻易被自己的父母遗弃。
In China, private adopters are playing a leading role in caring for children; however, they do not receive enough financial assistance from the state. The government should provide financial assistance for the qualified families to encourage adoption. However, if the government does not have enough money to care for the children or provide enough financial assistance for the adopted family, the government should establish an evaluation system to check the qualifications of families who take in children and guarantee that the adopted children's living conditions meet certain levels. 中国的私人收养者发挥了带头作用。但是，他们并没有得到国家足够的财政援助。政府应提供财政援助给符合资格的收养家庭以鼓励收养。如果政府没有足够的财政支持收养家庭，政府应该建立一个评价系统检查收养家庭的资格，保证儿童生活条件达到一定水平。
There are many qualified adopters who want to adopt abandoned children, but they face a lot of difficulties. Adopting a child in China is not a simple matter. Applicants need to meet all requirements like being childless; submit all the necessary documents, and then applicants began a long waiting process. If applicants want to adopt a healthy baby girl, the adoption process normally take at least three years. It may take even longer, if applicants want to adopt a healthy baby boy. All paper work including bureaucratic fees related to the dossier can cost around RMB 35,000. The complicated application process, the long waiting time and these costs are enough to deter some prospective families from undertaking adoption. Prof. Wang described the adoption regulations in China as “overly stringent” and suggested that the government should revise its regulations on adoption and lower requirements for adoption.
有很多合资格的收养者想收养被遗弃的儿童，但他们面临着很大的困难。在中国收养孩子不是一件简单的事，申请人必须符合所有条件（如无子女），并提交所有必要的文件，然后开始漫长的等待过程。如果申请人想收养一个健康的女婴，收养过程通常至少3年甚至更长的时间。如果申请人要收养一个健康的男婴，所有相关费用加起来大约人民币35,000。复杂的应用程序，漫长的等待时间，和费用足以阻止一些有意向的家庭进行收养。对此，王教授也表示，中国的收养的条件“过于严厉”，并建议政府应修订其关于收养的规定和降低相关要求。
How Other Countries Help Abandoned Children?
其他国家如何帮助被遗弃的儿童？
The institutional care system (also known as orphanages) has been regarded to have significant negative effects on a child’s ability to bond and form relationships to children. Therefore, orphanages are considered as a lousy place to raise children, since every child deserves prompt consistent care, lots of verbal and physical stimulation, and love, and many orphanages often fail to provide the individual sustained attention and stimulation a child needs. And many developed countries have begun the process of de-institutionalization of the institutional care system for children, in favor of foster care and adoption.
制度化的儿童监护系统（也被称为孤儿院）一直被视为对孩子的人际交往能力有负面影响。因此，孤儿院并不被认是抚养孩子的好地方，因为每个孩子都应该得到适当的护理，大量的言语、身体刺激和爱。但许多孤儿院往往不能满足上述要求。许多发达国家已经开始放弃制度化儿童监护系统，而支持寄养和收养。
What is foster care and adoption? Foster care is where a family or an individual cares for other people’s children in their own homes. Their age can range from 0-18 years. Some children need care for just a few days, some for a few weeks, and some for years. Adoption is when an adult becomes legally responsible for a child’s needs as if that child was born to him or her. 什么是寄养和收养？寄养是在自己家中寄养别人家的孩子。寄养孩子的年龄可以从0-18岁。有些孩子需要短短几天的照顾，有的几个星期，一些需要多年的照顾。收养是将别人的儿女作为自己的儿女来抚养，并在法律上对被收养儿童负责。
Foster care is encouraged in many developed countries and is considered as a better alternative option to orphanages. In order to encourage fostering, the government will provide financial and professional supports to those who provide foster care.
寄养在许多发达国家被认为是一个更好的选择方案。为了鼓励寄养，政府为寄养者提供资金和专业支持。
In UK, fostering families get an allowance to cover the cost of caring for a child like household costs, food, clothes, travel, school dinners and any other things required to look after a foster child. For examples, from 2012 to 2013, a fostering family can receive ?132 per week to look after a baby, ?135 for a pre- primary school child; ?151 for a primary school child; 171? for a teenage between the age of 11 and 15; and 201? for a teenage between the age of 16 and 17 in London. A care taker can receive more allowance if the child has specific needs, or the care taker has certain skills and makes a particularly large commitment to the fostering. Fostering families also receive tax exemption up to ?10,000 and get a tax relief.
英国政府为寄养家庭提供津贴，以支付寄养孩子家庭的开支，如食品，服装，交通，学校的晚餐和任何其他事情。在2012到2013年，在伦敦，寄养家庭可以收到每周132英镑用以照顾一个婴儿，就读幼儿园的孩子为135英镑，就读小学的孩子为151英镑，11至15岁之间的青少年为171英镑，16至17岁之间的青少年为201英镑。如果孩子有特定的需求，寄养者需要有一定的技巧和坚毅的承诺心，政府会给予寄养者更多的津贴。寄养家庭还可享受高达1万英镑税收豁免，并获得税收减免。
In addition to financial support, fostering families can also receive preparation trainings and professional supports from the related government departments or agencies.
除了财政支持，寄养家庭还可以获得相关政府部门或机构提供的培训和专业支持。
In Australia, the preparation training is essential for a fostering person. The training topics includes: providing foster care as part of a team; caring for the child: understanding trauma and attachment; caring for the child: ‘healing’ parenting skills; bringing a child into your home: considerations and impacts; self-development and self-care; leaving care, policies, reviewing and evaluation. Fostering families’ carers will not be approved until they have completed all sessions of preparation training. Foster care staffs also offer practical help and professional support through regular telephone calls, home visits and after-hours support.
在澳大利亚，寄养者必须参加培训。培训的内容包括：寄养孩子是一个团队活动；照顾孩子；了解创伤; 照顾孩子；“医治”和管教技巧；把孩子带回家；注意事项和影响；自我发展和提供寄养自我护理; 离开；政策，审查和评价。完成所有准备培训会议前，寄养家庭不被批准寄养。寄养的负责人还通过定期电话、家访和下班后的支持，提供实用的帮助和专业支持。
Another measure taken by the government to help abandoned children is to encourage adoption by speeding up the adoption process, as many potential adopters decide not to adopt children due to a long waiting process. 政府为了帮助被遗弃的儿童所采取的另一项措施是加快收养程序，因为很多潜在的收养者放弃收养儿童是由于等待过程太过漫长。
In UK, children wait for an average of two years and seven months before being adopted. In 25% of cases, it takes three years. Therefore, there is a need to shorten the waiting period. British Prime Minister David Cameron demanded that local councils speed up their adoption services and planed to establish a more effective national register to match children with families who want to adopt. A new time limit will be imposed to force councils to approve prospective adoptions more quickly. This new, effective and less time consuming adoption procedure is expected to take place in the second half of 2013.
在英国，儿童平均需要等2年7个月被收养。25％的儿童需要等待三年时间。因此，有必要缩短轮候时间。英国首相戴维·卡梅伦要求地方议会加快他们的领养服务，并计划建立一个更有效的国家登记册，设立一个新的时间限制，以督促议会更快批准领养。这种新的、有效的、耗时更少的收养程序，预计将在2013年下半年实施。
International adoption is another option for helping orphans. Some governments in developing countries encourage foreign adoption. The Indian government intends to increase the number of children available to overseas families in Europe, Canada, Australia, New Zealand and the United States. India plans to cut the waiting time to a maximum of 45 days, while inter-country adoption usually takes more than a year.
一些发展中国家的政府鼓励外国收养。印度政府打算增加欧洲、加拿大、澳大利亚、新西兰和美国的海外家庭收养儿童的数量。国家间收养通常需要一年多的等待时间，但印度计划削减至45天。
Regional organizations like European Parliament also urge all EU institutions to play a more active role in facilitating international adoption, saying that placing a child in institutional care should be the very last option and should be a temporary one. A resolution from the European Parliament stated that “adoption, and where necessary international adoption, should be encouraged, so as to give children who are abandoned or at risk of becoming institutionalized in orphanages a family life.” The text added that “adoption or an alternative family care solution, such as foster and residential care, should preferably take place in the child's country of origin. Otherwise, an adoptive family should be found in another EU member state.”
区域组织如欧洲议会也呼吁所有欧盟机构在推动国际收养中发挥加更积极的作用。利用制度化的儿童监护系统照顾孩子应该仅是最后的选择和临时措施。欧洲议会的决议指出：“收养，必要时国际收养，应鼓励。给被遗弃在孤儿院的孩子提供家庭生活。”补充说：“收养或家庭照料是解决方案，孩子最好是能留在自己国家。如果做不到这一点，收养家庭应是另一欧盟成员国公民。”
The question that remains is how and to what extent China can adapt to foreign practices on orphan care.
问题依然是中国应如何以及能在何种程度上能适应国外的做法。