Research On The System Of Revocation Of The Guardianship Of The Minors

The revocation of the guardianship of minors, which is designed to protect minors’ legitimate rights and interests, has been confirmed by legislations in most countries. The regime of the revocation of the guardianship of minors includes the finding of inflictors against minors, the aftercare of inflicted minors and other related issues. Though the regime of the revocation of the guardianship of minors has been provided in the law of China, its flaws are obvious. Thus to absorb the advanced legislation experience and to improve the national laws on the regime of the revocation of the guardianship of minors based on the situation of China can furnish the minors with better protection.This thesis is composed of four parts. The first part illustrates the basic theoretical issues of the revocation of the guardianship of minors. This part mainly focuses on the concept of the revocation of the guardianship of minors, the relationship between the revocation of the guardianship of minors and transfer of guardianship, and the legal basis of the revocation of the guardianship of minors.The second part conducts a comparative study of foreign laws on the revocation of the guardianship of minors, and proposes what is worth of reference for China. According to this part, quite a few countries in the two legal systems have sound and complete legislations from the protection for minors out of inflictions to the offering of proper aftercare. China should draw on the experience therefrom.The third part discusses the flaws of the China laws on regime of the revocation of the guardianship of minors in force. In the logical sequence of finding, temporary relief, litigation, aftercare, supervision, this part makes comments on every session of the laws and opines that the administrative involvement in the guardianship of minors is far from enough, which result much impediments in judicial proceedings and in judicial relief to the minors.The fourth part puts forward advices for the regime of the revocation of the guardianship of minors. This part points out that at present, the minor best interest principle should be implemented in China, specialized agencies should be instituted for an enhancing administrative involvement and sound systems of the regime of the revocation of the guardianship of minors should be established.In conclusion, with regard to the protection of minors, both support from sound legal system and security from the active administrative fulfilment of the duty of safeguard and supervision should be founded, and only in this way the values of the minor best interest principle can be actualized in China.