Study On The System Of Revocation Of Parental Guardianship For Minors In China

In recent years,there have been reports of incidents in which parents have used guardians as minors to infringe minor children.It has long been a matter of fact that the court has ruled that cases involving the revocation of parental guardianship of minors are not new.Under the influence of the traditional concept of paying attention to family parent-child relationship,the issue of juvenile parental eligibility has always been within the scope of private law.Based on the principle of the best interests of the child,state public power intervention is imperative for the withdrawal of parental eligibility.To explore the reality of our country,due to the important position of family guardianship in the guardianship system,coupled with the influence of traditional ethical concepts,when there is a problem with family custody,it requires the intervention of state public power.However,our country's national guardianship has always been weak and has not fulfilled all its functions.The gradual involvement of the state's public power in the guardianship relationship still requires the law to regulate and guide.This article will start with the following sections,and discuss the revocation of parental guardian eligibility.The first part introduces the hot cases that have taken place in China in recent years and describes the legal issues exposed by typical cases.The second part mainly clarifies the basic theory of the revocation of China's guardianship eligibility.It elaborates on the related concepts of the guardianship system and the guardianship eligibility revocation system,and the significance of the revocation system for juvenile parental guardianship in China.The third part analyzes the current law's specific provisions for the revocation of minors' parental guardianship qualifications,and analyzes the problems in the current legal system and the deficiencies in the legal provisions.The fourth part compares foreign related legal systems,including the legislative status of France,Germany,and the United States,and analyzes the implications of the extraterritorial legal system design for the revocation of the parental guardianship eligibility system in China.In the fifth part,the existing institutional inadequacies found in the third part of the study are corresponding to the proposal for the withdrawal of minors' guardianship qualifications in order to better protect the best interests of minors.At the same time,this part is also the highlight and innovation of this article.In the past,most of the guardian eligibility revocation system studies did not strictly distinguish the revocation of parental guardianship qualifications and the withdrawal of other guardian guardianship qualifications.These are just general rules and conditions that apply.The author proposes that in improving the proposal,the former and the latter should make distinctions in terms of the applicable conditions;the ex ante evaluation system for the revocation of parental guardianship can be constructed before the guardianship qualification is revoked,for the law is more lenient to parents than other guardians at present now;whether the relationship between the parent and the child after the revocation of the right requires legal provisions,This article thus proposes that parents who have been disqualified from guardianship have certain visiting rights,to ease the relationship between parents and children,and to prepare for the restoration of guardianship qualifications.In recent years,there has been marked progress in the wardship legislation in China.However,the "protection and protection" of the healthy growth of minors cannot be accomplished overnight,it requires the participation of all levels of society.Protection is not only in the family,but also in the protection of the judiciary,administrative supervision as a means,the development of social assistance and other comprehensive protection model,so that juveniles can be provided with more humane relief assistance.