Study On The Legal Issues Of The Cancellation Of Parental Guardianship

For a long time,China's protection of minors is still inadequate,and the state's guardianship awareness is weak.Due to the abuse of custody by guardians to infringe on the legitimate rights and interests of minors,endless abuse of parents and beatings of minors lead to serious physical and mental health.Impaired news reports and incidents of violations of the rights of left-behind children have emerged in social life,seriously jeopardizing the growth of minors.However,due to the age and mental maturity,minors are not able to actively seek protection.The system of revoking the qualifications of minors for parental supervision can promptly release the minors from the dire straits,create a better environment for growth through the intervention of the state's public power,and effectively prevent parents from abusing custody and warning them to cherish themselves.The custody of the child has important significance and effect on the protection of the interests of minors.At present,there are still many shortcomings in the system,mainly in the aspects of revoking the application subject,revoking the statutory reasons,the follow-up resettlement system,the state custody supervision,and restoring the custody of the parents being revoked.It is necessary to continuously explore and make it more complete.On the other hand,the abolition of the custody system for minors has great limitations in judicial practice,and there are not many cases that have been applied in practice.Because of this,the system of disqualifying the parental guardianship is called the“sleeping system”.The application of this system is of great significance for the protection of minors,the supervision of the exercise of parental guardianship rights and the fulfillment of obligations.At the same time,it is also very important for the relevant state departments to properly intervene the relationship between parents and children.The test,and the imperfection of relevant regulations in China,has led to the system being hindered in the application of judicial practice.This article will use the "Research on the Legal Issues of the Cancellation of Parental Guardianship Qualifications" as a topic,and throughthe literature research method,case analysis method and comparative analysis method,compare the relevant provisions of foreign law and judicial practice experience,systematically This paper analyzes the loopholes in the current system in China,and proposes to make the system more perfect from the aspects of expanding the application subject,improving the legal reasons for the revocation of parental supervision qualifications,constructing the guardianship supervision system,and strengthening the follow-up resettlement system for the compulsory transfer of custody of minors.Specific recommendations,combined with China's basic national conditions,to learn from foreign advanced legislation and mature judicial experience.Safeguarding the healthy growth of minors requires the joint action of the state,society and every citizen.It is necessary to have a complete system of systems involved in the prosecution of the former,and must attach great importance to the protection of the rights of minors.The tragedy of infringement continues to occur.