Study On The System Of Revocation Of Pareatal Guardianship Of The Minors

Children are the future of the motherland.They are young trees that need careful care to thrive.To build a country under the rule of law and a society ruled by law,we must improve the legal system of protecting the legitimate rights and interests of the minors.However,in recent years,incidents of parents infringing on minor children have occurred frequently,This is no longer a simple family issue,but has evolved into a social problem.After the incident of parental abuse of children,the public can always be shocked and angry.In addition to anger,they have to reflect on how to make more minors not infringed by guardians,in a safe,loving,harmonious The environment thrives.Nowadays the traditional concept of "law isn't entered the family" has been gradually broken.Private law autonomy is not absolutely exclusion of public power.A certain degree of public power intervention can better realize private law autonomy and can also urge guardians to properly perform their guardianship duties.This article is divided into five parts,the first part,the case introduction,through the analysis of cases,some common problems in the system of guardianship of minors in China are summarized.The second part mainly writes the concept and nature of guardianship of minors,the concept of the kinship,and the concept Of revocation guardianship of the minors,and the principles that must be followed to revoke parental guardianship—Child benefit maximization principle?the principle of necessity and the principle of proportionality.The third part mainly analyzes the current situation of legislative for the revoking parent guardianship of the minors from the legal level and other normative documents.It points out that the implementation of the compulsory reporting system is not in place,the scope of the application subject is narrow,the public interest litigation is lacking,and the guardianship supervision is lacking and so on question.The fourth part mainly analyzes the legislative provisions on the revoking of parental custody in Germany,France,Britain,the United States and other fourcountries,and summarizes the legislative provisions of these countries,with a view to perfecting the revoking parental guardianship system in China.The fifth part mainly attempts to put forward some ideas from the mandatory reporting system,the application subject for revocation of parental guardianship,temporary guardianship measures,and guardianship supervision,on the basis of summarizing the previous contents.