Research On The Revocation Procedure Of The Guardianship Of The Minors

Parents enjoy the guardianship right for their minor children because of their prior sexual connections.In real life,some minors have suffered severe setbacks in physical and mental development because of the coercive supervision of high pressure;and some of them have become "marginalized children" because of their parents' slack to perform their duties free of guardianship,and more of them have lost their young lives because of their parents' crimes of beating,abuse and abandonment.The revocation procedure of the guardianship based on the theory of the maximization of the interests of the minors and the public guardianship of the minors.It can recover the disordered monitoring relationship timely and provide effective judicial relief for the minors.Due to factors such as traditional ideas,fragmentation of legislation and insufficient social assistance,the judicial operation of the revocation procedures of the guardianshipin China is very difficult and the substantive efficiency is hard to be brought into full play.The legislation of this procedure in other countries is more mature and they have accumulated rich practical experience.The legislation of this procedure is more mature and has accumulated rich practical experience.In order to realize the basic value of protecting the legitimate rights and interests of minors,it's necessary to seek measures to improve the revocation procedure of guardianship.First of all,this paper starts with the basic theory,so the concept,quality,valueof this procedure can be defined and clarified;Secondly,analyses the current situation of legislative and judicial statfus,find the deficiencies of this procedure;Thirdly,on the basis of inspecting the procedure of revocation of guardianship of other countries,summs up the enlightenment;Finally,focus on the problems and puts forward concrete proposals to improve the revocation procedures of China.Besides the introduction and conclusion,the following four chapters are discussed in depth:The first chapter is basic theory of the revocation procedure of the guardianship of the minors.It applies the method of conceptual decomposition,clears the meaning of this procedure and analyses the deficiencies of litigation or non-litigation procedure according to the academic debate.Then summs up four typical features of the revocation procedure and excavates the internal and external dual values of it.The second chapter is a review of the status quo of the revocation procedure of the guardianship of the minors in China.This chapter is divided into two aspects:legislation and judicature.On the basis of reviewing the legislative evolution of the revocation procedure of guardianship in China,it further analyzes its shortcomings in the rule system.In terms of judicial status,it mainly discusses the practice of the revocation procedure of the guardianship based on official survey data,then take two typical cases in the whole country and Shanghai as the starting point,analyzes the underlying reasons for the dilemma of operation.The third chapter is the procedure of revocation procedure of the guardianship of the minors under the view of comparative law.This chapter first introduces the legislative and judicial experience of the representative countries or regions in the continental law system and Anglo American law system in the following aspects:procedure initiation,trial form,legal effect and post judgment resettlement.Then,on this basis,it points out the enlightenment from the revocation procedure of the foreign custody.The fourth chapter is the perfect path for the revocation procedure of the guardianship of minors in China.This chapter includes top floor design and auxiliary measures.The former focuses on the optimization of the normative system in order to provide clear and feasible guidance for judicial practice.The latter is a series of auxiliary measures in order to build a more comprehensive system for the protectionof the rights of minors.Improving the procedure of revocation of guardianship is an effective way to crack down on guardianship violations and relieve juveniles.In order to structure a well functioning revocation procedure of the guardianship of the minors in China,it is necessary to make the system more detailed to clear up the main body,applicable conditions,trial procedures,legal effectiveness and so on.It also needs to complement the effective operation of the relevant safeguard measures,feedback the problems and accumulate experience in the judicial practice.