Research On The Judicial Revocation Of The Guardianship Of Minor

The judicial revocation of guardianship of minors in our country, in terms of substantive law and procedural law, has long been in a state of legislative blank. 4 December 18, 2014, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of Public Security, Ministry of Civil Affairs jointly issued the "Provision about Dealing with the Behavior that Guardian violate Minor's Right According to Law"(hereinafter referred to as the "Violation from Guardian Provision"), and The Provision has been effective on January 1, 2015. At this point, the legislative gaps have been filled."Violation from Guardian Provision" is composed of five parts: "General Provision s", "Report and Disposal", "Temporary Resettlement and to the Personal Safety Rule", "Application to Revoking the Guardianship Proceedings" and "Judicial Revocation of G uardianship and Disposal after Trial", including a total of 44 provisions. "Violation fro m Guardian Provision" is both a substantive and procedural legal documents. Substanti ve law specifically defined the behavior that guardian violate minor's right. and proce dural law includes three parts: "Temporary Resettlement and to the Personal Safety Ru le", "Application to Revoking the Guardianship Proceedings" and "Judicial Revocation o f Guardianship and Disposal after Trial". The separate legislation of "The Judicial Rev ocation of the Guardianship of Minor" maybe mean that it is special. With a primary understanding of the procedure, the author with the perspective of the civil procedure theory attempts to use use the method of annotation analysis to reveal: Why this kind of cases need separate procedure to relief ? Why the procedure for this kind of case s need separate legislation ? How to locate "The Judicial Revocation of the Guardians hip of Minor" at current procedural legislation ? On this basis, the author uses compa rative research method to reveal the problem of the procedure and make some suggest ions for it through investigating foreign legislation in the theoretical and specific rules level.This article consists of three parts, over twenty thousand words, and the main contents are as follows:The first part is the interpretation of Chinese Judicial Revocation of the Guardianship of the Minor, including the interpretation of the specific rules and legal theory of the procedure. Through the interpretation of the specific we may have a general knowledge of the Judicial Revocation of the Guardianship of the Minor and we may conclude that it is Special Procedure. Through the interpretation of legal theory of procedure,we may know that the cases of judicial revocation of guardianship of minor are non-litigation,family,public welfare. In theory, the procedure is non-litigation procedure.The second part is comparative research of foreign legislation, including Germany, France, Japan, South Korea, Taiwan of China. Due to these countries(regions) have no separate legislation of the Judicial Revocation of the guardianship of Minor, all the cases of guardianship of minor are located to unified act,so the extraterritorial investigation object expanded to the Procedure Guardianship of Minor. Through the comparative study, we may have a knowledge of the legislative model, the legal theory of the similar cases and the similar procedure and procedural rules of the specific design.The third part is suggestions about our country's legislative system and the specific rules.Firstly,we should study foreign legal model,legal theory of the case and procedure to structure ourselves Procedure of Guardianship of Minor.Secondly,we should study the specific rules of prove,the rules of trial and the rules of judgment to make our current procedure better.