The Perfection Of The Guardianship Revocation System For Minors

The revocation system of guardianship of minors is a system of state intervention for minors' guardianship and protection of the legitimate rights and interests of minors.The main contents include the discovery and disposal of guardianship,the application subject of revocation of the guardian,the application of the revocation of the guardian,the law after the revocation of the minors' guardianship The consequences and the recovery of the guardianship of minors.By using the method of literature review,comparative analysis and normative analysis,this paper combs the theory and present situation of the system of revocation of the guardianship of minors in our country,and finds out the shortcomings of the system.Then,based on China's specific national conditions and drawing on the extraterritorial law,it puts forward its own proposals for improving the system.Besides the introduction,this paper is divided into three parts.The first part is the theory and practice of the minors' custody withdrawal system in China.This part mainly analyzes the concept,type,evolution,legislative status and judicial status of the minors' custody revocation system.In theory,there is no unified definition of the revocation of guardianship of minors,which mainly include active revocation and passive revocation,partial revocation and complete revocation,guardianship suspension and loss of guardianship.The common law system mostly adopts the generalized guardianship revocation system,while the civil law system minors' custody withdrawal system includes parental revocation and custody withdrawal.The second part is about the problems existing in the system of custody of minors in China.The deficiencies in the custody of minors before revocation mainly include inadequate parental custody regulations,lack of custody and supervision systems for minors,imperfect discovery reporting mechanisms,incomplete types of custody of minors,and imperfect revocation applicants.The inadequacy of the custody of the juvenile is mainly due to the incomplete legal consequences of the custody of the juvenile and the incompleteness of the custody of the juvenile.The third part is about the concept of perfecting the custody system of minors in our country.First of all,it explains the necessity of improving the custody system of minors in China,and then proposes concrete measures to improve the custody system of juveniles in China:(1)To improve the basic principle of custody of minors;(2)To improve The lack of adult custody before revocation(3)Improve the lack of custody of minors.