Studies On The Administrative Public Interest Litigation For Guardianship Of Minors Proposed By The Procuratorate

In recent years,there have been many cases in which the Procuratorate suggested the Civil Affairs Department to file a lawsuit to revok the guardianship rights of minors,which had a great social impact,but it did not effectively protect the guardianship rights of minors.Civil Affairs Departments have insufficient capacity,lack of sufficient conditions to prosecute abuses such as treatment improvement.Therefore,in the field of protection of minors’ rights and interests,it is very feasible to actively promote Procuratorate to file administrative public interest litigation system for guardianship of minors,and it is of great significance and necessity to actively study and discuss this.Since the 13th National People’s Congress,new requirements have been put forward to expand the scope of cases brought by Procuratorate for administrative public interest litigation.While regulating the Procuratorate’s work for public interest litigation,the scope of accepting cases for procuratorate’s work for public interest litigation should be expanded,including the protection of the rights and interests of women and children.The Procuratorate will therefore minors care into the public welfare lawsuit" substandard"field,as a public interest litigation cases clues,dealt with a number of typical cases,supervise the Civil Affairs Department to perform regulatory responsibilities correctly,to protect the guardianship of minors rights and personal safety,fully embodies the Procuratorate for the sense of responsibility,can maximize the protection of rights and interests of the guardianship of minors is inviolable,and at the same time also can perfect our country guardianship system.At present,the Procuratorate plays an increasingly important role in the protection of minors’ guardianship rights.This paper puts forward some problems,such as the lack of clear laws and regulations,imperfect judicial procedures,the connection between judicature and law enforcement after winning the lawsuit,and the immature government ruled by law.In view of the above problems,this paper will combine the supervisory responsibilities of Procuratorate and related supporting systems to explore how to improve the administrative public interest litigation system for the guardianship of minors brought by Procuratorate,hoping to make some contributions to the administrative public interest litigation system in China through the research of this paper.