Parental Custody Withdrawal System Research

For a long time,the problem of protecting the rights and interests of minors has always been the focus of the world,especially the protection of the plight of minors,is an important symbol to measure a country's social progress and civilization.In our country,the first guardian as parents of minors,shall perform the statutory duty of care.If the parents are not willing to perform their duties because of their intention and negligent,or make some other serious damage to the legitimate rights and interests of minors,the state power should be timely intervention to compensate for the lack of private autonomy.This is also our parental guardianship revocation system set up in the first place.In order to make the system can reflect the principle of the maximum interests of minors and state responsibility theory in the legislation and the judicial process,this paper is divided into four parts for the system.In the first part,the author will be released by sorting the Supreme Court cases and the guidance of the classic case of thinking lead to problems for study in this paper.In the second part,the connotation of the system and the necessity and feasibility are described.In the third part,the author will analyze these problems of initiative of the starting,limitation of trial and the suitability of resettlement after judgment.In the fourth part,the author combines excellent foreign legislation,seeking the specific path to solve the above problems,namely in the start-up phase,to establish a timely and effective discovery mechanism and endow people's procurator with independent state in the public interest litigation involving minors.In the trial phase,it is necessary to establish a scientific and effective assessment mechanism and arrange temporary the necessary relief and protection measures.In the resettlement phase,to ensure the realization of designated guardian and minors'rights,and then adoption or a long-term foster care can be a better way for minors to return to family life as soon as possible.