Research On The Rule Of Parents Guardianship Revocation

In recent years,the abuse of guardianship by parents against the rights and interests of minor children has occurred frequently,which has aroused widespread concern in society.These cases not only reflect the faint awareness of some parents’ responsibility,but also reflect the absence of the national legal system.The substantial improvement of the guardianship system in the General Principles of Civil Law in 2017 highlights the growing importance of the system,but it still has institutional loopholes.This paper takes the parents guardianship revocation system as the research object,and tries to analyze many problems and put forward suggestions to improve it so as to ensure the realization of the best interests of minors.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter clarifies the basic theory and value of the revocation of parental guardianship in China.The connotation of revocation of parental guardianship and the scope of this paper are discussed in detail,and the system value of protecting the legitimate interests of underage children and maintaining social stability is also analyzed.The second chapter analyses the current situation of the withdrawal system of parental guardianship.Firstly,the specific provisions on the deprivation of parental guardianship qualification of minors in China’s current laws are analyzed and commented on separately.Secondly,combining with the typical cases published by the Supreme People’s Court,the practice of the system is analyzed.The third chapter analyses the deficiencies and reasons of the revocation system of parental guardianship.Through the analysis of the legislative and judicial status of the system,the shortcomings of the system of revocation of parental guardianship in China mainly include: the guardianship and parental confusion caused by the inappropriate transplantation and application of the British and American legal guardianship system in the early stage of the legislation.The deficiency of the system of discovery and prosecution of guardianship infringement before litigation is influenced by the concept of "home-based",in addition,the hidden characteristics of violations make it difficult for parents to detect violations and the subject of litigation to revoke guardianship is not comprehensive enough.There are limitations in the circumstances and ways of withdrawing minors’ guardianship,such as paying more attention to "physical injury" than "mental injury",paying more attention to "personal injury" than "property" and no "partial" withdrawal provisions.The inadequacies of the post-litigation recovery of guardianship qualification and post-judgment resettlement system are reflected in the difficulty of evaluating the criteria for the re-establishment of guardianship qualification for minors,and the single state guardianship institution after judgment is mainly the Ministry of Civil Affairs.The fourth chapter proposes perfect suggestions based on the concept of juvenile protection.Combining the shortcomings of the analysis in Chapter 3 and learning from foreign legislation and practical experience,we will improve the system of guardianship of minors in China.In the start-up phase,it is proposed to design the guardianship system and the parental rights system into two parallel systems in the legislation.In the trial stage,we should improve the pre-litigation discovery behavior and establish a compulsory reporting system,and expand the applicants to the People’s Procuratorate,the cognitive guardians and the resignation of parents themselves.The statutory revocation of parental guardianship incorporates psychological and spiritual injury and property guardianship,and provides a variety of options for revocation.In the post-sentence resettlement stage,the rights of guardians and guardians are guaranteed through the restoration of guardianship qualification,the establishment of state resettlement institutions and the right of guardianship remuneration claim.