Font Size: a A A

The Improvement Of The Systerm Of Revocation Of The Guardianship Of Minor

Posted on:2019-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiuFull Text:PDF
GTID:2346330542497855Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the number of cases of parents' violence against minor children's rights and interests has been increasing,which has attracted wide attention from the media and the public.Behind the infringement case is not only the lack of moral of parents,but also the absence of a national legal system.Our country's legal system for minors custody revocation is blank,the rules of the General Provisions of the Civil Law of the People's Republic of China,made a supplementary provisions of the system,to some extent,highlight the important status of the system is growing,but when dealing with the judicial practice,it still exists loopholes in the legal system.In order to ensure the realization of the interests of the minors' biggest,it is necessary to give full play to the intervention of national guardianship to make the relevant laws and regulations specific and comprehensive,and safeguard judicial practice in the work related to laws.The article consists of four parts,the first part mainly elaborates the theoretical basis of the guardianship of minors revocation,detailed introduces the connotation of guardianship and guardianship revocation,and from two principles,the custody publicize and the children's best interests of minors custody revocation system,discusses legal basis of guardianship revocation system,provide sufficient legal support for the system.The second part introduces the status,deficiencies and causes of the revocation system of guardianship.Custody by revocation system itself and its supporting system from two aspects by analyzing the imperfection of the system,I think the system is too low on the legal hierarchy,the main reason that the supporting system is not perfect is the flaw and lack of some system design,and some subjects are not consistent with our national conditions.The third part of the article introduces the classification of the guardianship revocation system abroad,mainly introduces the relevant cancellation conditions,post-trail settlement and guardianship supervision,so as to summarize the successful experience of related systems,and analyze all can absorb and draw lessons from it.Fourth part focus on the defects of the guardianship revocation system in our country,based on China's national conditions and absorb foreign outstanding achievements,and puts forward some opinions,I think should increase the intensity of state intervention,the related system in the form of legal provisions,improve the system of custody to withdraw itself,establishing minors allocation system,form the system of supervision mechanism.
Keywords/Search Tags:Minors, Guardianship, Revocation, Guardianship Supervision
PDF Full Text Request
Related items