Research On The System Of Revoke Incompetent Parental Custody

"The most sacred faith of human is the faith in the children of the world,our most important obligation is to ensure respect the rights of the child, the welfare of the child are protected, keep them away from fear and poverty, grow up in a peaceful environment. ”Throughout the development process of countries around the world,taking care of children and raising minors grow up is the virtue that universally admired. Since the ancient times,China has attached great importance to train and educate children.However, with the rapid development of urbanization construction in our country that caused growing contradiction between the regional economy,material abundance that caused the change of the idea about people’s life,there are many"left-behind children" in rural areas lost the parents’ care.Because of the absence of parents’ care,their physical and mental health sufferd badly hurt and even faced death.some of them make misguided and on a path to crime. Besides that,some parents not only fails to perform the custody,even abuse or beating their children.The minors’ physiological and psychological have been sufferd severe trauma.The presence problems is not only torture those parents’ heart from moral,but also make we have to do a deeper thinking from the legal level:In the process of construct the legal system society,how do we better protect the rights of children that lost parents’ reasonable custody from the design of the provisions of the legal system and legal procedures.Is the current measures of revoke the parents feasible?In the revocation of parental custody system,how the government to take its due responsibilities?From the above thinking, this article take system of revoke incompetent parental custody as the breakthrough point and focus.First of all, through discuss the system of custody,identified the incompetent parents and tease the theory of revoke incompetent parental custody to analysis the necessity of the system of revoke incompetent parental custody;then in order to provide sufficient theoretical basis for the subsequent writing,the article research the national responsibility in minor custody system.Second, although revoke the parental custody has reflected in our domestic law,and then explained system in the relevant legal documents,but the existence of "zombie clause" condition make the development of the system get great obstacles.Based on this, this article make a detailed discussion on current situation and problems of the revoke incompetent parental custody system in china and except to provide realistic foundation for the perfection of the system.The third, the development process of the legal system is not behind closed doors,We should learn good theory and practice from other countries.So this article tries to discuss the different law countries in revoke incompetent parental custody and the national responsibility,expecting to provide the reference for the Chinese government to take on the responsibility.Finally, take the national responsibility as the foothold,combine with own national conditions and the actual then draw lessons from abroad.The author put forward an idea from two aspects including:system consummation and specific implementation for revoke the parental custody,and except provide meaningful advice to develop the national responsibility in our country.