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

This article from the our country present law on parents custody to cancel the defects and problems of the system,the current guardians of minors revocation of the defects in the system from the aspects of entity and procedure are analyzed,and the continental law system and Anglo-American law system countries about custody revocation system on the basis of the comparison,draw lessons from foreign mature legislative experiences,put forward the perfect parents custody of minors to cancel the system of some specific Suggestions.The introduction part mainly will trigger a custody revocation system thinking practice case analysis;The first part is the status and problems of custody to cancel system in China.Mainly analyzes the current judicial practice in our country,is mainly introduced in 2015 "about dealing with guardian violations of the rights and interests of minors in accordance with the opinions on some issues of behavior"(hereinafter referred to as "opinions"),to protect minors from guardians of reflects the infringement of innovations,and there is still a custody of the revocation of the conditions and procedures of v.such problems;The second part is about the custody system of foreign legislative experience.In China is the main content of the current law of custody revocation system presented in this paper,and the continental law system,Anglo-American law system,and other areas on the regulation of system of custody to withdraw,found enlightenment on legislation in our country;The third part is the improvement of the system of custody to withdraw.Mainly according to the above questions,using the experience of other countries and regions,the author put forth,in the guardians of minors to cancel the proceeding of the original minors residence village(house)civilian committee and parents place unit of litigation subject qualification,the introduction of relevant government departments as the main starting advice,detailed the parents custody of minors to dismiss the lawsuit start conditions,has been clear about the legitimate rights and interests of minors includes both personal rights and property rights,at the same time hope to strengthen the mental health of minors violations can also be incorporated into the scope of the revocable parents custody,ultimately to reflect the national responsibility of guardianship,further emphasizes the state is the ultimate guardian.