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Parental Custody Withdrawal System Research

Posted on:2017-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:T T YangFull Text:PDF
GTID:2356330518490100Subject:Law
Abstract/Summary:PDF Full Text Request
Revocation of parental custody means that when the minor's parents fail to comply,the unfaithful performance of his guardianship of minor children or serious violations of personal rights,property rights and other legitimate rights and interests,based on a specific subject matter,verdict by a specific agency revocation of a parent or legal custody of both systems.From system design considerations,revocation of parental custody is not the original intention of the system established by the disqualification of parents to punish,but to better protect minors,therefore,not a last resort can not cancel or parental custody.If you have to withdraw parental custody,we must follow strict legal procedures to be decided upon the exercise of jurisdiction by a specific institution,and the revocation of custody after parents of minors and the subsequent placement of security work is the focus,is the need to make efforts to solve matter.In order to achieve the best interests of minors,we need to re-assign a guardian when no suitable guardian by the state to serve as its guardians,specialized agencies set up by the state or a guardian should perform their duties of supervision.In this paper,the text includes four chapters,as follows:Chapter revoke parental custody system overview.Mainly defines the basic concept of parental custody,and to analyze its legal basis,namely the best interests of the child and the state guardianship theory.Further comparative analysis of related concepts,and thus the withdrawal of parental custody systems have a more thorough understanding.The second chapter,the parents custody system comparative study.In countries outside the parents custody examined revocation system,from the guardian infringes upon the behavior of children found to custody revoked,start,and the conditions of the main body of the exercise of its cancellation right,then to the resettlement and guardianship of minors supervision and so on various aspects of a detailed research,summarizes outside the parents custody system enlightenment and reference for our country.Chapter ?,of the revocation of the status quo system of parental custody.Mainly through the withdrawal of parental custody current legislation and judicial practice system were studied,in order to generalize the system exists at the legislative level and practical problems in the process of revocation of parental custody,to provide a basis for exploring how to improve parental custody revocation system.The fourth chapter of recommendations to improve the system of revocation of parental custody.The main reporting mechanism proposed from perfect,and after sentence resettlement build and improve the supervision mechanism and other aspects of care is recommended that parental custody revocation procedures more theoretical and practical operational guidance,in order to better safeguard the legitimate rights and interests of minors.
Keywords/Search Tags:Revocation of parental custody, legislation, justice, inadequate, perfect
PDF Full Text Request
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