The Theory Of Minor Custody System

The development of minors in relation to the future of a country,therefore,to minors to create a stable social environment for the growth of the rule of law,it is necessary to choose.Throughout the world,education and care for minors is the top priority of the nation,and this behavior is considered to be the most noble virtue.Our country has been lacking in this respect,but with China's accession to the "Convention on the rights of children",began to attach importance to the protection of minors gradually,even so,in our country every year by the news media reported the event against the minors by parents are not in the minority,which exposed many defects still exist in our country guardianship system for minors,especially minors guardianship revocation system.Until 2014,in accordance with the law "on the issues of the rights and interests of minors Guardian infringement behavior opinions" issued,made when minors parents suffered infringement after the revocation of a series of perfect guardianship provisions,including the report,apply for guardianship revocation revocation subject,standard and legal reasons,after revocation of resettlement and rehabilitation.To provide a legal basis is clear and sufficient for revocation of custody."The general principles of civil law" by 2017,is provided in the form of legal custody of the revocation and recovery and other issues,and clearly put forward in the treatment of minor problems,should adhere to the principle of best interests of minors and minors will respect the principle.But in the process of judicial practice,the legislation also exposes some inherent defects,there is no corresponding supervision mechanism,resulting in the country can better give parents provide care guidance and help,not to supervise the process of revocation of custody,not in custody to withdraw after re selection when play the role of guardian report;the system of rules is not mandatory,by individual and unit fails to exercise the right to report,the other is the subject of legal liability for the obligation to report the report does not fulfill the obligation,and legal authority has received reports of defects,leading the country can give even the legal relief of minors;the main application for guardianship revocation is missing,cause a waste of judicial resources,is not conducive to the protection of minors in procuratorate work;resettlement and supervision of minors guardianship revocation The protection of the right to restore the provisions of the unknown,resulting in judicial practice difficult,sometimes because the judge gives too much discretion,which can not effectively protect the legitimate rights and interests of minors.Of course,a minor problem is not one of the reasons is: effective protection of traditional concept has great influence on the national ideology,and the common citizen consciousness of the rule of law is generally weak,especially for the parents of minor children abuse this phenomenon,parents think is family,outsiders have no right to intervene,outsiders do not want to is not even.Some parents see violence on children,can laissez faire,thus causing a serious blow to minors' physical and mental.Based on the reflection of reality,starting from the legal level,we should consider how to improve the legislation leads to new problems,so that the guardianship revocation system the effectiveness of their role,and effectively protect the legitimate rights and interests of minors,against infringement from parents for no reason.Based on the thinking of these issues,this paper takes the protection of minors as the starting point and foothold,in-depth study of minors' legitimate rights and interests of the guardians of the infringement of the right to revoke the custody of the problem.Based on the status quo of China's legislation and judicial practice analysis,proposed minors guardianship revocation system problems,and to be perfect,hope to promote the further development of China's guardianship revocation system,pave the way for the protection of minors,in order to safeguard their legitimate rights and interests,thus regulate to parents the inappropriate treatment of adult children".