On The Limitation To Guardianship In Domestic Violence Against Children

In China, the limitation to guardianship in domestic violence against children means to limit the guardianship to prevent domestic violence, on the basis of legal norms, taking the court, the procuratorate,the public security organ and the civil affairs department as the major subjects. In recent years, domestic violence against children have been exposed frequently. The increasingly serious problems of domestic violence against children lead to severe physical and psychological damage to the child victims. The research shows that the parents(including stepparents and adoptive parents) are the major violence subjects and the inappropriate execution of guardianship is the main reason for domestic violence against children. Therefore, the limitation of guardianship is the key to prevent the children from suffering serious and persistent domestic violence. The major systems about the limitation of guardianship in domestic violence against children in the law of China mainly include the personal safety protection order, the revocation system of guardianship, the guardian appointment after the guardianship revocation of parents, the relative trial system. The above systems are mainly distributed in The Opinion of the Supreme People’s Court, Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Civil Affairs about Several Issues of Dealing with the Guardian’s Behaviors to Infringe the Right of Minor Children in Accordance with the Law(The Opinion) and The Law of Anti-Domestic Violence. The implementation of these systems has achieved goodresults. However, compared with the extraterritoriality laws and regulations, there still exists a large gap between China and other countries. Therefore, it is necessary to use the extraterritorial successful experiences for reference, to introduce the necessity and proportionality principle, to increase the content of positive obligation in personal safety protection order, to complete the guardian appointment system after the revocation of guardianship of parents and to introduce professional assistance system outside the realm of jurisprudence in the course of the case trial of domestic violence against children in the court. In order to complete the limitation of guardianship in domestic violence against children in China and to provide effective approaches for preventing and reducing the domestic violence against children in the future.