Empirical Research On The Revocation System Of Minor Guardian Qualification

Minors have independent capacity for civil rights from birth.However,due to their lack of capacity,parents or other guardians are required to perform guardianship duties in order to protect their interests.Parents should carefully care for minors to make them grow up healthily,but in recent years,more and more parents abandon minors,abuse minors,and even sexually assault minors.The most intimate guardians have brought minors a lifetime of pain,resulting in a social tragedy.Obviously,the guardian of minors no longer has the ability of guardianship and the qualification of fostering,and can not take the responsibility of guardianship,care and education of minors.In order to better protect minors and rescue them from dangerous plight in time,the system of revocation of minor Guardian qualification emerged as the times require.The system of revocation of minor guardian's qualification plays an important role in avoiding minors from being infringed by guardians.When guardians of minors appear to be negligent in fulfilling guardianship duties,beatings,abandonment,sexual assault,violent injuries,etc.If the situation is true,the guardian's qualification should be revoked,and then other suitable guardians should be appointed to accompany the healthy growth of minors.Article 18 of the General Principles of Civil Law in 1986 established the system of revocation of minor Guardian qualification for the first time,and the system was further improved by the General Principles of Civil Law promulgated in 2017.It can be said that all sectors of society have paid unprecedented attention to the protection of minors,and played a vital role in the protection of minors' rights and interests in practice.However,it is undeniable that judicial cases still reveal some problems in the system,such as unsatisfactory guardianship,low participation of government and social organizations,inadequate legislative content,non-standard trial activities,and so on.The main reasons for these problems are the persistent influence of traditional ideas,the urgent need for development of social welfare institutions,the lack of legislative content,and the need for standardization of judicial work.In view of the above practical problems,the withdrawal system of juvenile Guardian qualification can be improved from the following aspects:building a family guardianship system,strengthening the strength of the government and social organizations,improving the legislative content in many ways,optimizing judicial procedures,etc.