Study On The Revocation System Of Minors' Guardianship In China

As the guardianship system is incomplete,the minor is not properly protected,so in order to better protect minors and the establishment of minor guardianship revocation of the system,the system is remediation of minors who are under custody remedy.But since the establishment,the system has not been widely implemented Is applied,according to the survey,the number of minors protected through litigation after the establishment of the system is still not proportional to the number of minors infested.This is due to the fact that the system itself provides for generality,lacks the related supporting systems to work together,and the operability is not strong.In recent years,the cases of abuse,abandonment,sexual assault,betrayal and violence against minors have taken place from time to time,and the physical and mental health of some minors has been greatly infringed upon.At the same time,on the basis of China's national conditions,the situation of left-behind children has not been improved for a long time and minors can not receive due care.Because of the lack of care and social adverse effects will also increase,ranging from bad and bad habits,but also go to the criminal road.Therefore,for the sake of family harmony and stability,as well as social stability and unity,the minors should be given the best protection for the future and hope of the country.The purpose of this paper is to improve the system of revocation of minor guardians,starting from the current state of the judiciary and legislation in China,and analyzing the concept of guardian qualification revocation,to compare the relevant legislation of the guardian revocation system in Germany,France,the United States and Japan,to find out the current legislative problems in our country,And according to these defects put forward the corresponding perfect measures.Through in-depth study on this issue,I hope to make the guardian's qualification revocation system more operational,to improve the status quo of only the principle of the provisions of the principle,to reduce the incidence of guardianship violations and guardianship omissions.This article through a large number of literature review,through the comparison of foreign advanced legislation,found that our guardianship system lacks the corresponding supervision mechanism,no supervision so the responsibility of abuse and omission,and as guardianship to improve the status of guardianship revocation system in our legislation There is also no monitoring mechanism set up in this situation which poses a great risk.Even changing new guardians is most likely to cause secondary harm to minors.And under the influence of the public power intervention in the international environment,the intervention mechanism in our country is particularly weak.The temporary guardianship system is not regulated in detail and the interests of minors can not be guaranteed before the revocation.In our country,the construction of guardianship revocation system is relatively backward,and the principle of "maximizing the interests of minors" has not been established.Some provisions inevitably come into conflict with this principle and contravene the original intention of legislation.In addition to the general obscure provisions,the more the post-sentenced resettlement problems can not be solved and the lack of corresponding institutions to manage.Therefore,in response to a series of existing problems,the author proposes to establish the parental authority System,clearly withdrawing the main body of the system,detailed revocation of the scope and circumstances of the application,setting up specialized agencies and courts,establishing the principle of "maximizing the interests of juveniles",strengthening government intervention,setting up a mechanism to revoke oversight and detailed resettlement measures and a series of suggestions.