| In various incidents where the rights and interests of minors have been infringed upon,the absence of guardianship subjects and violations of guardianship in family custody is an important reason,and it is also a feature of juvenile cases different from citizen cases at other ages.In recent years,the rights and interests of minors have been infringed upon in various forms,which has always concerned the public's heart,and has created many social hotspots.Among them,the acts of the guardian who actively acted resulted in the violation of the legal rights and interests of minors,such as abuse,abandonment,violence,sexual assault,etc.Such as inadequate guardianship and lack of guardianship.In order to fully protect the legal rights and interests of minors,China has formulated a series of laws and regulations on the protection of minors.In the practice of more than 30 years of reform and opening up,the legal system and the construction of the rule of law have provided effective legal guarantees for the healthy growth of the next generation of our country and achieved great achievements in human rights protection.Aiming at the imperfection of the parental custody revocation system in the current legislation,this article discusses it from the perspective of state public power intervention through a standardized research method.This article mainly discusses the relevant content of the parental custody revocation system from the following five parts.The first chapter introduces the problems that need to be studied from the application of the parental custody revocation system in judicial practice.There are problems of guardianship blind areas and the absence of the state in the guardianship.The traditional concept of the law not entering the home has promoted the "lack of ”and“ illegality ”issues;the second chapter is a theoretical analysis of the state 's public power involvement in family custody,and points out that family justice provides a value basis for the implementation of family autonomy in the country 's intervention in family custody.The theoretical cornerstone of intervention in family custody.Next,from the legal basis analysis,it is proposed that the "lack" and "illegality" of family custody are the conditions for the formation of state intervention in family custody.The third chapter is from the legislative level.The system has problems with the content of laws and regulations,the subject of guardianship,the legal responsibility of guardians,and post-sentence resettlementmeasures,and proposes corresponding measures to improve the content of legislation;Chapter Four is from the perspective of justice,from the perspective of procuratorial organs' support for prosecution.Where prosecutors have subject status of litigation and post-sentencing resettlement measures the issue of practical results,and put forward corresponding suggestions,introduce social work organizations,perform supervision functions,in order to improve the establishment of the parental custody revocation system;Chapter Five is from the administrative level,focusing on the supervision duties of the civil affairs department,pointing out its existing problems,and put forward corresponding suggestions,establish a comprehensive registration and filing system and reporting system,give play to the value of family justice in family custody,for the improvement of the parental custody revocation system in the establishment.The conclusion is the prospect of the parental custody revocation system,which clearly states that "the state is the ultimate guardian of the minor."The parental custody revocation system in China is scattered in different laws and regulations.Therefore,in the establishment and improvement of legislation in the future,the role of the state's public power should be brought into full play,and the concept of national parental power should be incorporated into family custody.The legal rights and interests of adults guarantee the healthy growth of minors. |
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