On The System Of Guardianship Of Juvenile

The guardianship system for minors is an indispensible part of Civil Law guardianship system, while,the revocation of the guardianship of the juvenile composes a big part in the guardianship system for the juvenile. We can see the revocation mentioned above has an important role in guardianship system. The research value for it is evident. The revocation is taken as a punishment under the circumstance of the serious damage to the legal rights of person under guardianship for the unability of guardianship and the negativity of guardianship.Typically the produce, existence and perfection for a system are inseparable from society. To solve social problems is the ultimate mission of a system. The social background of the revocation system’s development and perfection is the judicial dilemma, in which all kinds of child abuse in recent years, media exposure, and the judiciary in the trial concerning minors revoke judicial custody cases difficulties encountered. "Civil Law "1987. "Protection of Minors Act"2006, "For dealing with a number of issues guardian against the interests of minors act according to the law of opinions"2016. "People’s Republic of China Anti-Domestic Violence Law".These laws file provides some legal basis for the revocation of minor guardianship. But these legislative documents did not fully solve the problems of juvenile guardianship system, we encountered a bottleneck in the implementation. According to the judicial reality, to perfect Minors guardianship issues.especially revoke minors custody issues still need more efforts.In this paper, by elaborating the system of guardianship revoked current situation of minors, analyzing minors guardianship revoked typical case following the principle of maximizing the interests of minors as a starting point and goal clarifies our minors revoked guardianship’s important role in the system of the guardianship of minors system, and analyzes the guardianship of minors revocation system deficiencies:discussions on the concept of guardianship of minors conduct a review and we find that the deficiency of the max benefit of minors and the national guardianship philosophy; secondly, revocation custody of minors problems inherent in the system is also analyzed, including the intervention of the monitoring mechanism custody revoked before the qualification system of guardianship, custody against property absence and reviewing guardianship revoked sentence after placement and custody system and then returns to other aspects; A simple analysis of the imperfection of the juvenile guardianship revoked closely related to other systems. Followed by comparative analysis method, this paper sorts out the different parts of extraterritorial minors custody revoked the relevant legal documents, explores the extraterritorial minors custody revocation system, draws on outside minors guardianship regime applicable to the revocation of the relevant local countermeasures, and then makes recommendations to improve the system of revocation of custody of minors:Firstly it is an update of the guardianship of minors concept of content-rich minor benefit maximization principle, the idea of establishing guardianship country:secondly, perfect the system itself, including the revocation of custody of minors before the intervention and supervision-emergency public security organs taking away, the temporary guardianship of improvement, also including grass-roots organizations to change the functions of the guardianship of minors, guardianship against the introduction of property as revocation of guardianship and the improvement of guardian volunteered revocation guardianship qualifications.