Theory Of Perfect The Parents’ Custody Forced To Cancel System

From the empirical point of view, this paper in view of the recent series of parents behavior failure cases of minors’ rights by observing and thinking, explore the "resurrection" of the minors of the People’s Republic of China protects a law "article 53, the improvement of the system of custody for dereliction of duty parents forced to cancel the dilemmas facing. And the theory of negligence custody parents forced to cancel system, discusses the theoretical basis for perfecting this system, discusses the legal basis of government supervision. Attempts to put forward custody of parents forced to cancel the system basic system to build some of the ideas, and to the custody of their parents forced to cancel system matching with other system, and the cohesion of the administrative laws and regulations, and the other department carries on the analysis of echo and advice were put forward. In the article the structure in this paper, the following ideas:The first chapter from the empirical Angle to our country existing legislation stipulated in the custody of the parents forced cancellation system observation and thinking. Proposed the present stage of custody parents forced to cancel system existing problems, and explore the profound reasons behind the analysis question lies in the deep-seated traditional thought and the imperfect of rule of law government construction and maintenance of social public resources supporting policies.The second chapter focuses on comb the theory related custody of parents forced cancellation system. Analysis of the concept of custody, to distinguish tort from the definition of custody; And combed the countries involved in the legal basis of guardianship, clear the government in the custody of parents forced cancellation system plays a driving role.The third chapter attempts to custody of dereliction of duty parents forced the cancellation system for reflection and reconstruction. Analysis of the existing legislation of custody parents forced to cancel system defects and deficiencies, has been clear about the purpose and function of dereliction of duty parents custody, and tried to reconstruct the dereliction of duty parents custody entity norm and procedure norm and advice are put forward.Fourth chapter in view of the malpractice parents custody after implementation need to follow up the supporting measures are analyzed. To explore the malpractice parents custody after long-term, widely applicable, may appear problem, and should perfect supporting system, shall specify the content of the related administrative legal norms cohesion and with other departments method should be paid great attention to the content of echo.