Research On The Revocation System Of Parental Custody Of Minors In China

The education and protection of minors is related to the development of the nation and the hope of the country.It is highly valued by each individual,society and country.With the increasing of parents who infringe on their children’s rights,the legal system of guardianship revocation comes into effect to protect the rights and interests of minors through the intervention of the state.Nowadays,the system is widely used in the world.It is an achievement of the development of national guardianship,and also the embodiment of the principle of maximizing the rights and interests of minors.The protection of the rights and interests of minors is the basis for the establishment of guardianship system,while the guardianship revocation system is the top priority for the protection of rights and interests of minors.In China,this system is derived from General Principles of the Civil Law of the People’s Republic of China.Now it has a relatively complete legislative stipulation after being improved many times.However,after the establishment of the guardianship revocation system,the situation of the protection of the rights and interests of minors is still severe.Cases of parents infringing their children’s rights are endless,only a small number of minors receive relief through the revocation of guardianship.China’s relevant legislation remains in a macro level and the operating mechanism still has omissions,which make judicial practice in trouble.This article will select the most important guardianship mode in China-parents’guardianship for minors to study.Taking the typical cases in recent years as an entry point,this paper analyzes obstacles and problems encountered in the implementation of the parental custody revocation system for minors,And two angles,the imperfection of legislative revocation body,cause and way and imperfect tip-off,settlement and supervision mechanisms,are dissected to find the reasons of these problems.Then through the comparison and reference of comparative law,this paper puts forward improvement suggestions according to actual situation of China:First,under the legislative background of the combination of parental rights and custody rights in China,the applicable guardianship revocation rules for parents and other guardians should be distinguished,and the connotation of guardianship revocation can be clearly defined;Second,revocation system should be returned to system itself,necessary revocation applicant should be fit into,the revocation causes,such as property infringement,should be expanded and the range of revocation can be distinguished;Third,introducing tip-off mechanism for parental guardianship infringement,realizing a multi-level supervision mechanism,enriching intervention measures for guardianship revocation and establishing the settlement plan of family guardianship as the ultimate goal.