| Parents guardianship revocation system is for the minors' parents or parent do not perform their duties of guardianship,or damage the legitimate rights and interests of minors,the relevant personnel or units for a system by the court to revoke the guardianship of their parents.Although our country has already stipulated this system in the relevant law,but in our country's judicial practice almost nobody cares.In recent years,the frequent occurrence of social abuse of minors in the event of the parents,sparked widespread discussion of the whole society.In order to better safeguard the legitimate rights of minors,the Supreme People's court and the Supreme People's Procuratorate,Ministry of public security,the Ministry of civil affairs jointly issued "on the issues dealt with according to law Guardian infringes the rights and interests of minors behavior",specific guidance to relevant departments monitoring violation cases.This opinion has been put into practice in China for more than 2 years,which has played an important role in protecting the rights and interests of minors.But at the same time,in practice also exposed some deficiencies of the system.Based on the perspective of the sociology of law,the parents guardianship revocation system falls in the social practice,the use of existing problems,and through the review and analysis of relevant cases,found that the actual operation of our country at present,parents guardianship revocation system have different problems in four aspects of the in the operation,in the discovery,inherent in the concept of traditional culture has led to the widespread lack of protection of minors guardianship rights consciousness;the trial,at the legislative level,the lack of legal provisions comprehensive parents guardianship revocation system according to the law;lack of professional placement system to ensure the protection of minors minors can be fully take care of;finally in supervision,without the establishment of a unified national supervision system which caused the new life of minors lack of guarantee.In order to make our parents custody system in the revocation of the problems be solved effectively,the author suggests starting from the following,perfect parental custody of our revocation system: first,to protect the interests of minors ideological popularization,change the traditional ideas of the people,the law consciousness of people to protect the interests of minors;second,for the system of parental guardianship revocation system,supplemented by parents guardianship revocation system related principles,expand the qualification of the applicant's parents,abuse of minors property rights into legal reasons,cancel its qualification monitoring strictly perfect control filed the restoration of parents custody eligibility criteria of the system;third in the minors,"placement" link in the national macro-control,to guide the relevant departments to implement the specific system;at the same time to speed up The construction of minors relief and protection mechanism,and stimulate the vitality of social organizations,state organs and social organizations to strengthen cooperation to ensure that minors can get high quality placement;finally,through the establishment of a unified national supervision system in order to avoid minors to be hurt again. |
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