On The System Of Revocation Of Custody Of Minors' Parents

In our country, both in the law and the moral level that the preferred guardian of the juveniles is their parents. As guardians, parents have an obligation to protect the safety, property rights and other legitimate rights and interests of their children. How to protect the legitimate rights and interests of juveniles will be a matter of general concern to the society, when the guardians Infringe upon the legitimate interests of their children or do not execute their guardianship duties. The revocation system of the guardianship of juveniles is the one of most important contents in the guardianship system, which is of great significance in preventing the abuse of parental rights and safeguarding the legitimate rights and interests of the juveniles.In this thesis, I want to find out the shortcomings of the revocation system of the guardianship of juveniles and put forward constructive proposals through the legislative situation, the real case and the overseas mature system of the guardianship of the juveniles.From the structure point of view, this thesis is composed of four parts:The first part is about the basic theoretical issues about the revocation system of the guardianship of juveniles, including the meaning of parental custody and the meaning, qualification,value and function of the revocation system of the guardianship of juveniles. From the theoretical point of view, it is necessity and significance to establish the evocation system of the guardianship of juveniles.The second part conducts comparative study of overseas laws on the the revocation system of the guardianship of juveniles, including America, Germany,France, Japan and Hong Kong, Macao and Taiwan. It is worth learning for us to establish and perfect the revocation system of the guardianship of juveniles from their advanced experience.The third part, on the one hand, it examines the current legislative situation on the revocation system of the guardianship of juveniles in our country and analyzes the shortcomings. On the other hand, it examines the real cases of revising parental custody and analyzes the shortcomings of the relevant supporting policies.The fourth part is about the specific advice of how to perfect this system,including legislative, judicial and administrative aspects of the relevant measures,which based on the maximization principle of juvenile's interest and the national conditions of China.I hoe it will be my effort for China's legal system contribute.