Research On The System Of Revocation Of Parental Guardianship Of Minors

Children are the future of the country and the hope of the nation.Nelson Mandela famously said:"Nothing can better reflect the core values of our society than we do with children." Although parents are natural and best guardians of minors,unfortunately,in reality,there are a large number of incidents of infringement on the rights and interests of minors by parents,such as the case of the starvation of a girl in Nanking,which reflects that there is a serious flaw in the guardianship system for minors in our country.The relevant laws on the withdrawal of guardianship of minors in our country have existed for more than 20 years.However,due to rough and vague regulations and lack of practical operability,there is no precedent of revoking custody.Until 2014,the Supreme People's Court,the Supreme People's procuratorate,the Ministry of Public Security and Ministry of Civil Affairs jointly promulgated the"Opinions on Several Issues Concerning the Handling of the Guardian's Violation of the Rights and Interests of Minors according to Law," and the lawsuits then started appearing in which the guardianship of minors have been revoked successfully.The General Provisions on Civil Law,which came into force on October 1,2017,greatly improved the guardianship system.Among them,articles 36-38 absorbed the contents of the Opinions and clearly stipulated the contents of custody withdrawal.Private ownership of care category,with the core concept of autonomy,but autonomy of private law is also not inherently exclude the public right to interfere,to some extent on the public power to intervene,its ultimate goal is to better achieve the autonomy of private law.The system of guardianship of minors experiences a gradual shift from family custody to state guardianship.The State has the right to penalize parents until the guardianship is deprived of their rights on the principle of "giving priority to the protection of children's rights and interests." In the current period of social transition,if the institutional level blindly stick to the internal affairs of family care,over-reliance on family care,it will likely affect the growth and development of minors,in the event of the absence of substantive minor's guardian,The state should timely intervene to take the initiative to intervene by means of revocation of guardianship in order to ensure the healthy growth of minors.This thesis intends to sort out the existing legislation on the withdrawal of guardianship of minors in our country and make quantitative and qualitative analysis on the key precedents for the withdrawal of guardianship right in current courts.It focuses on the provisions of 36-38 of the General Provisions of Civil Law on the withdrawal of guardianship rights It analyzes and points out its improvement and deficiency of the old law,and deduces the current system of legislation in our country.Thirdly,by using the comparative analysis method,this paper selects several countries which have the earlier legislation of withdrawal of custody and the more perfect system,examines the relevant legislation,analyzes the similarities and differences between the civil law system and the common law system of the Anglo-American law system,Provide some reference.Finally,starting with setting up a complete set of procedures for the revocation of custody of the guardianship of minors,I try to put forward some valuable suggestions from several aspects:the subject of revocation of custody to the scope of validity,the specific procedure and then to the subsequent resettlement.