Research On The System Of Revocation Of The Guardianship Of The Minors

The healthy growth of minors is related to the future and hope of the country,creating a good growth environment for the minors and giving them the proper care and care.This is not only the responsibility of the family,but also the bounden duty of the society and the state.In recent years,many cases of guardian's violation of the rights and interests of minors have been exposed in China,which has aroused the attention of the public opinion,and made us aware of the many shortcomings of legislation in the withdrawal of minors' custody.The related legislative measures have greatly improved the operability of minors' custody withdrawal system.But through some judicial practice,there are still many deficiencies in legislation,which need further improvement.Based on the problems reflected in the legislative and judicial practice,this paper puts forward some suggestions on the improvement of the system of revocation of the guardianship of minors in China.The first part discusses the origin of the research and the current research status.From the practice case,it triggering the problem of juvenile custody withdrawal,clarifies the purpose and significance of the topic selection,and collate the current research status.In the second part,the legislative evolution of the revocation system of the guardianship of minors in China has been combed,which shows that the legislation from the system is summarized to the specific development process.According to the logical order of legislation,this part makes a brief review on the legislation of the various stages of the custody withdrawal in China,and points out the need for improvement.The third part makes an empirical study on the revocation of the guardianship of minors.Combined with 127 related cases in-2017 in 2007,we analyzed the three partsof the cases of revoking the custody of minors,including the subject of revocation,the legal effect of revoking the legal cause and the legal effect of revocation.It tries to reflect the implementation status of the system in practice,and provides the basis for the discussion below.The fourth part,based on the two parts of the previous legislative evolution and judicial practice,summarizes the defects in the legislation of the current minors' custody withdrawal system.It mainly includes four aspects: the unreasonable application subject,the legal cause is not comprehensive,the legal effect is not clear and the guardianship restoration standard is not specific.The fifth part discusses the principle of the system of minors' monitoring and revocation.The formulation of the system should take the principle of the best interests of children as the starting point and foothold,actively implement the concept of state intervention principle,and implement the principle of multiple responsibilities so as to achieve the purpose of protecting the legitimate rights and interests of minors.The sixth part puts forward the concrete suggestions to improve the system of the revocation of the guardianship of the minors in our country.It is suggested that our country should appropriately add or delete the application subjects of such cases,improve the contents and forms of the statutory causes,make the legal effect of the revocation clear,and formulate detailed criteria for the recovery of guardianship.