Research On The Public Interest Litigation Of Revocation Of Minors' Guardianship Initiated By The Procuratorial Organ

With the development of society,the guardianship system in China is also changing.Although the state and society attach great importance to the interests of minors,but in recent years,we can often see cases of guardians infringing their guardianship in the news media,and such cases tend to occur frequently,so protecting the interests of minors guardianship has become an important part of the protection work of minors.The relevant provisions of the general principles of civil law on the revocation of custody of minors further strengthen the protection of the interests of custody of minors,which has been highly recognized by all sectors of the society,but we also found imperfections in them,the most obvious one is that there are many subjects in the existing laws and regulations to file the revocation of custody litigation,but the procuratorial organ has ignored the fact that The role of.Compared with the past,the view of state guardianship is gradually accepted by people.The state public power is involved in the field of guardianship,and the theory of public interest litigation is gradually developed and improved.In addition,the significant advantages of procuratorial organs in dealing with cases of revocation of guardianship of minors make procuratorial organs as the main body of public interest litigation of revocation of guardianship have full rationality.At the same time,cases of inappropriate guardianship of minors occur from time to time at this stage.The existing subject of revocation of guardianship of minors has its limitations and can't fulfill the task of protecting the interests of guardianship of minors.Moreover,the special group of minors can get proper guardianship,which is related to the public interests and needs the intervention of procuratorial organs,so as to improve the effectiveness of procuratorial organs in cases of revocation of guardianship of minors The function of the system is not only in line with the function orientation of the procuratorial organ at the present stage,but also can protect the rights and interests of minors to the maximum extent from being infringed by their guardians.Although the procuratorial organ has played an increasingly important role in the case of revocation of guardianship of minors at present,due to the absence of public interest litigation in the field of revocation of guardianship of minors,the procuratorial organ's function of revocation of guardianship of minors is unclear,the relevant procedural norms of public interest litigation are missing,and the existing legal supervision measures for revocation of guardianship of minors are weak Therefore,there are still many obstacles for the procuratorial organ to initiate the public interest litigation of revoking the custody of minors.In this regard,for the protection of the field of revocation of minors' guardianship,it is necessary to clarify the system of public interest litigation for revocation of minors'guardianship initiated by the procuratorial organ.At the legislative level,we should establish the public interest litigation system for revocation of minors' guardianship,the public interest litigation system for revocation of minors' guardianship,and the public interest litigation system for revocation of minors' guardianship.At the judicial level,we should expand the path of legal supervision,strengthen the internal and external communication and coordination mechanism of judicial organs,and strengthen the construction of juvenile procuratorial talents in procuratorial organs.At the administrative level,we should improve the responsibilities of civil affairs and other government departments,and set up special government guardianship agencies.