Legal Analysis Of The Revocation System Minors Of Guardianship

The guardianship system has a long history,as early as the ancient Roman period,this system has been through a thousand years,but also in the modernization of today has been paid more attention to.As an important part of guardianship system,guardianship revocation system also plays an important role.However,the reality of our country is that,because of the late start of guardianship revocation system,coupled with the traditional family concept and the shackles of planned economy,The system of revocation of guardianship includes not only the revocation of guardianship of the minors but also the revocation of guardianship of the adults,what this article will discuss is the revocation of guardianship of the minors.This article is divided into five parts to discuss: in the first part,through the case of "Tongshan father rapes daughter case",the problems and defects in the system of revocation of guardianship of the minors are introduced.The introduction of the legal basis of the system of revocation of guardianship of the minors points out the value and possibility of the system of revocation of guardianship.The third part introduces the general practice of dealing with cases of revocation of guardianship in foreign countries.The fourth part points out the discovery mechanism of guardian infringing upon minor children in the system of revocation of guardianship in our country."absence","the single subject of the applicant for revocation of guardianship" and "the lack of institutional safeguards for the placement of the minors after the revocation of guardianship".The fifth part focuses on the experiences and deficiencies raised in the first four parts.The system of revocation of personal guardianship has put forward some suggestions for perfection.This paper holds that the compulsory obligation reporting system should be established for the guardian's acts against minors,and the subject of responsibility should be clearly defined,and the scope of the applicant for revocation of guardianship should be adjusted,the infeasible subject should be eliminated,and the subject of procuratorate should be included in the public interest litigation.Special government guardianship departments and relevant guardianship supervisors should be set up for the placement of minors after the guardian is abolished.