Study Of The Custody Revocation Proceedings

Domestic violence,abuse,sexual assault and other monitoring violations occur frequently in the life which has affected the healthy growth of the minor seriously.The case of custody revocation has many special characteristics such as strong privacy,high concealment and difficulty of proof,so it is difficult to realize the maximum interests of minors if applyed to ordinary procedure.Therefore,in the critical period of social transformation in China,we should pay high attention to defuse the case of custody revocation.Based on the analysis of the present situation,the necessity and feasibility of sounding the custody revocation proceedings,this paper puts forward the principled thinking and detailed design to sound this procedure.Firstly,this paper introduces the current regulations and movement condition of custody revocation proceedings,and disclose many problems existing in the operation:There is no proper "special program" can be compared;The revocation proceedings does not match the subject of litigation;The distribution of the burden of proof is lack of consideration;The trial organization can't accord with the principle of law.Secondly,the paper analyes the necessityof sounding custody proceeding,which will help to regulate custody infringement effectively,provide the most procedural value and insist the inquisitorial system to respond the judicial reform.And the paper puts forward the feasibility of sounding custody revocation proceedings,which will contributes to learn from foreign experience of domestic proceedings,refer to the inland judicial practice and draw lessons from national legislation of custody revocation proceedings.Thirdly,the author puts forward his principled thinking of sounding the custody revocation proceedings,such as the principle of maximus benefit to minors,the principle of minors participating in procedure and the principle of inquisitorial system.Finally,the author puts forward the detailed design of sounding the custody revocation proceeding through three aspects:When it comes to sounding the party mechanism,we might as well expand the civil litigation comepetence of minors and entitle the public prosecutor to institute custody revocation proceedings.;When it comes to sounding the evidence system of the custody revocation proceedings,we might as well entitle the court to investigate and collect evidence,and the party should express his opinion in the court;When it comes to specialzing the judicial organ of the custody revocation proceedings,the author talks about the value and founction of the special judicial domestic organ as well as the conception to establish the special judicial domestic organ.