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

In December 18,2014,the Supreme People's court,the Supreme People's Procuratorate,the Ministry of public security and the Ministry of Civil Affairs have jointly released" Opinions on Several Issues concerning the treatment of minors' rights and interests in accordance with the law"?The opinions mainly focused on the minors who are infringed by the guardian difficult to find,difficult to prosecute,difficult to hear,difficult to resettle and other issues specified in detail,and cleared the concept of guardianship infringement,confirmed the application subject of the revocation of guardianship,applicable circumstances,burden of proof,post-sentence resettlement and so on.The General Principles of the Civil Law of the People's Republic of China,adopted on March 15,2017,further improved our guardianship system and enhanced the operability of the system of revocation of guardianship of minors in judicial practice in accordance with the principle of being most conducive to the guardian.However,compared with the provisions and practice of foreign countries in the rescission of guardianship,China still has many shortcomings.This paper is divided into six parts:the first part demonstrates the rationality of the abolition of parental guardianship from three aspects:the nature of parental guardianship,the significance of the abolition of parental guardianship and the overview of the abolition system of parental guardianship abroad.The second part studies the legislative development of the parental guardianship revocation system of minors in China by extracting the relevant provisions of the four laws and regulations.The third part analyzes the legislative status and supporting status of the parental custody cancellation system in China.The fourth part discusses the perfection of the system of parental guardianship revocation for minors in China,mainly including adhering to the principle of giving priority to the best interests of minors,perfecting the mechanism of discovering parental violations,clarifying the conditions for the abolition of parental guardianship of minors,perfecting the main system of abolishing parental guardianship of minors,and strengthening the construction of guardianship supervision system for minors.The fifth part discusses the resettlement measures after the abolition of the guardianship of minors'parents,mainly including clarifying the qualifications and conditions of successor guardians,improving the social assistance and resettlement system,and implementing the concept of national guardianship.The sixth part introduces the recovery mechanism after the withdrawal of parental guardianship of minors.