Research On Perfecting The Cancelation Proceedings Of Minors’ Guardianship

The cancellation proceedings of minors’ guardianship are essential safeguard against the tort that guardians infringe on the minors’legitimate interest. Under the situation of promoting comprehensive rule by law, the pace of legislations regarding minors’guardianship have speeded up,in order to solve their substantive problems.However,the development of their proceedings are very slowly.In our country, the cancellation proceedings of minors’ guardianship have many imperfections, such as the lack of effective litigation subject, the narrow case acceptance range, the lack of specific proceedings, the adjudication effectiveness problem. In terms of functionality,the cancellation proceedings are the same as the deprivation of parental right procedure in the other countries,like Germany and Japan. The similar cases are always calssfied as family lawsuits or non-litigation cases with special legislation abroad. To provide references for the improvement of our country’s legislation,of course,we need to learn from the advanced foreign legislative experience. At the same times, we should pay more attention to our traditional family, kinship. With reference to the foreign experience,the article gives a full theory analysis, in order to keep pace with times. Meanwhile, considering China’s present legislation and judicature conditions,I try to discuss futher the conditions of prosecution,the subject of litigation, trial procedure, the effect of referee in the paper,and fully discussing the particularity of the cancellation proceedings of minors’guardianship,and the importance of structuring independent cancellation procedure in our country,and its necessity and feasibility.