| In recent years,vicious incidents such as abuse,abandonment and trafficking of minors have occurred frequently in our society,which not only reflects the backwardness of the concept of the guardianship of the minors and the absence of institutions in our country.At the same time,it also reflects that the state's intervention and supervision of minors is facing a huge dilemma.For China,the system of revocation of the guardianship of the minors is one of the manifestations of its use of public power to intervene in the autonomous field of private guardianship,and it is also the most important civil means for China to use judicial power to intervene in family guardianship at present.It has been more than 30 years since our country established the system of revocation of the guardianship of the minors in legislation.However,in the application of the law,it still has many questions and puzzles.How to make the law of "revocation of the guardianship" produce practical effect,we need to further explore and study from the legislative and judicial level.This paper conducts a statistical study on the 104 civil judgments of " revocation of the guardianship of the minors"as samples from January 1,2014 to September 30,2018,which are open to the public on the network of Chinese judicial documents.In view of judicial practice of current revocation of the guardianship,it uses the methods of logical analysis and comparative research,and draws lessons from the experience of the system of revocation of the guardianship of the minors outside the country to think about the form of revocation of the guardianship of the minors in our country.In addition to the introduction and conclusion,the text includes four chapters.The first chapter introduces the judicial practice of the system of the guardianship of the minors in China,and sorts out the number of cases and the regional distribution of the lawsuit of revocation of the guardianship,and the basic situation of litigants.Focusing on the main controversial focus:the subject to file the lawsuit of revocation of the guardianship;whether the guardianship's guardianship violation has reached the "serious" level;the factors of redesignating the new guardianship should be considered from three aspects and it was found that there was much revocation of the guardianship for the violation of the minors' personal rights and interests,the infringement of property rights was not taken seriously.There was no scientific and reasonable basis for judging the "severity" of the guardianship violations and the trial results of the cases were single and the applicable legal basis was weak.The second chapter analyzes the problems existing in the lawsuit of revocation of the guardianship of the minors in China through the research sample,which mainly includes the subject of revocation of the guardianship,applicable conditions,legal consequences,recovery after revocation,lack of the guardianship intervention,lack of the guardianship evaluation,lack of the guardianship supervision and so on.The third chapter examines the experience of the two major legal systems on the system of revocation of the guardianship of the minors.It highlights the emphasis on the public law of guardianship,strictly fo:llows the principle of“exhaustion",pays attention to the opinions and participation of children,and refines the legal consequences of revocation.It conscientiously restores the qualifications of the guardianship,establishes a guardianship supervision mechanism,and makes value considerations for the above experience.The fourth chapter puts forward the suggestion of perfecting the system of revocation of the guardianship of the minors,which not only follows the four basic principles,strengthens the administrative and judicial intervention measures of the state,but also implements the implementation of the lawsuit of revocation of the guardianship qualification,sets up seientific and reasonable evaluation mechanism and sets up a guardianship supervision system. |
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