Research On The Revocation System Of Guardianship Of Minors In China

As a natural vulnerable group,minors have a long period of dependence before they become self-reliant civil subject and need natural guardians parents 'care.But in recent years there has been a series of parents as guardians of minors to attack minors,and began to make people aware of the need to avoid this phenomenon requires custody revocation system.Through the analysis of the typical cases of "Shao mou,Wang mou to be revoked custody case" and " Lin mou to be revoked custody case ",and on the necessity of expounding the revocation system of guardianship of minors and its legal basis,it is found that the system has some main problems,such as the passivity of initiation,the lack of prudence of trial and the defect of resettlement after sentencing.From the angle of protecting the legal rights of minors,in the initiation stage of the lawsuit,by clarifying the subject and responsibility of compulsory reporting obligation,establishing a timely and effective discovery mechanism to ensure the effectiveness of the exercise of State authority,to guarantee the timeliness of initiation by giving the procuratorial organ independent litigation status and strengthening the responsibility of the last out of Civil Affairs Department;At the trial stage,to guarantee the rigidity of the court ruling by clarifying the legal standard of revocation of guardianship,separating the total revocation and partial revocation in order to ensure the limited separation of guardianship;the guardianship of the parents is carefully restored to ensure a reasonable verdict;To protect the rights and interests of the successor guardians,so as to stimulate the positivity to assume guardianship responsibilities,to give full play to the advantages of grass-roots organizations,to change their functions so as to better protect minors,and to set up a system of integration of individual adoption and state guardianship to resettle minors so as to bring them back to family life as soon as possible.In order to solve the dilemma of the system of guardianship of minors in our country,effectively curb the infringement of minors 'guardianship behavior,so as to protect the legitimate rights and interests of minors.