A Study On The Perfection Of Revocation System Of Parental Custody Of Juveniles

At present,the frequent occurrence of parents' infringement on children's rights and interests in China has led to the critical situation of many minors,which is seriously detrimental to their physical and mental growth.Therefore,the topic of the protection of minors has been widely concerned by the society.Minors are the hope of the future of the motherland.If the family cannot care for their growth or even make them suffer,then the public power of the state should intervene in these "family affairs",that is,to deprive the incompetent parents of their custody and find a suitable new guardian for them.Among them,the most important thing is to respect the will of minors themselves,that is,to follow the internationally accepted principle of children's best interests,but also to consider the characteristics of the physical and mental development of minors.Such cases are faced with such problems as "difficult to find","difficult to apply for","difficult to hear","difficult to arrange follow-up monitoring" and so on.At present,the custody of the withdraw system is not perfect,disadvantages include the following aspects: first,at present our country law to withdraw the parents of a minor custody and custody of the others for the same kind of standard,but the parents in the guardianship system is,of course,guardians of minor children,if the parents cannot be started due to subjective and objective reasons,only brothers in order as guardian,so some inappropriate in cancellation applicable unified standard.Second,there is no rule on the order of the subjects applying for cancellation,and there is no rule on the corresponding rights and responsibilities.The law generally stipulates that many individuals and institutions have the right to apply,which leads to the situation that no one is in charge in practice.In addition,the procuratorial organ has not been included in the application subject,and the public interest litigation has not yet entered the field of custody revocation.In theory,the procuratorial organ only has the right to inform,but has no right to apply on its own initiative.Third,the supporting system for the process of rescission of custody by government agencies is not perfect,and the temporary relief before rescission and the supervision of the successor guardians after rescission are relatively weak.Fourth,there is a legal gap in the evaluation of the selection of successor guardians and the restoration of the parents whose custody has been revoked.The revocation system of parental guardianship qualification of minors in China should be improved from the following aspects: first,different standards of revocation of guardianship should be established according to different objects of revocation,namely parents or other guardians.Second,the order,rights and responsibilities of the applicants should be clearly defined,so that each applicant with the right to apply can clearly understand his own responsibilities and the adverse impact on his failure to perform his duties.Besides,the procuratorial organ should be authorized to file a public interest lawsuit for the cancellation of custody,and the scope of the applicants should be expanded.Thirdly,the standards and procedures for the selection of successor guardians should be improved to protect minors from secondary harm.Fourth,the legal gaps should be filled by clearly defining the procedures for assessing the rights of parents whose custody has been revoked.Fifth,improve the supporting system of administrative departments,strengthen the temporary relief before the withdrawal and the supervision of the successor guardian after the withdrawal.