Study On The System Of Revocation Of Guardianship Of Juveniles

The growth of juveniles concerns the development of society and country,but because of the lack of cognitive ability,they are often the vulnerable groups.Juveniles as the hope of a country and a nation,their legitimate rights and interests ought to be fully and timely protected.legislation should provide a fair,just and safe legal environment for underage groups to facilitate their healthy growth.With the progress of our society,guardianship system for juveniles has been improved accordingly,which to a large extent protects the legitimate rights and interests of juveniles.Meanwhile,the system of guardianship revocation of juveniles is also an important component of China's guardianship legal system and plays an important role in protecting the interests of juveniles.In recent years,cases in which guardians have infringed on minor children still occur,currently reflecting the defect of the guardianship system for juveniles.This article takes the protection of juveniles as the starting point and the foothold,and conducts an in-depth study on how to revoke custody when the legal rights and interests of juveniles are infringed by their guardians.The first part mainly expounds the basic theory of parental rights and custody rights,and analyzes the relationship between parental rights and custody rights by analyzing the relationship between parental rights and custody rights.Summarize the viewpoint of custody theory and further discuss the legal basis and necessity of revoking the guardianship qualification of guardians.The second part mainly explores the logical structure of the guardianship disqualification system.Firstly,it discusses the nature of the custodial guardianship qualification;secondly,analyzes the subjective psychological state of guardian through illegal custody behavior,and discusses statutory circumstances of guardianship revocation;Thirdly,from the personal and property rights and timeliness of guardianship,further explore the types of guardianship revocation;Finally,analyze the force of law of after guardianship revocation.The third part mainly discusses the specific problems in the application of the law to revoke the guardianship of guardians.Firstly,it analyzes the defect of legislative system for the disqualification of juveniles' custody;secondly,it analyzes the defects of the evidence system of guardian's infringement;finally,it analyzes the supporting mechanism for the revocation of guardianship.The fourth part,through in-depth analysis of the specific issues of guardianship revocation,we will further explore the path of innovation and improvement of the guardianship revocation.