The Study Of Guardianship Revocation And Recovery For Irresponsible Parents

In recent years,the certain occurrence of cases of minors invasion has made minors protection a social hot point. All sectors of society argues strongly for the strengthening of minors protection, especially the strengthening of legislation, which means there are laws for minors protection to allow for. Reinforce the intervention of public rights to protect the weak by coercive power. At the same time, enhance the protect strengthening from social organizations. Therefore, a bold attempt in legislation area which has been made by our nation's < Opinions on Dealing With Violations of the Rights and Interests of Minors According to the Law > and applied in real life. Then a series of changes and innovations has been made in the guardianship system through <General Provisions of Civil Law (Draft)The Third Review> which aims for protecting the rights of minors.Our institution of guardianship revocation and recovery still has some defects because of the leakage of legal thinking due to our legal environment and the idea of privacy protection give rise to the under-developed thinking of the protection of minor children.This was mainly manifested in our institution of guardianship revocation and recovery's, lack of specific provision, less systematic and practical. Though <Advice>which launched in 2014 has made some specific provisions and improvements, there's still some problems in practical process. For example, the way of the initiation of guardianship revocation system is simple, there hasn't set of specific guardian, measures of settling children after the guardianship revocation. Comparatively speaking, although there are different between other nations and us on ideological and legal system tradition, there are excellent results and experience worthy of learning and reference.The article use foreign excellent results and experience for reference, put forward the following to suggest: Firstly, build active revocation procedure to make up for the negative revocation procedure proficiency. Secondly, strengthen the feasibility of qualification recovery system of guardians. In more detail, launch specific provisions about the condition of applying for the recovery of guardianship, extend the deadline,build specific organization to deal with the problem and improve the procedure. Then improve in the area of supervision, the main methods are setting specific judicial supervision institution, specify the respective responsibility of guardians, specify the legal liability of neglect of guardian. In the end, add specific measures for settling problems after the withdraw of guardianship, the main ways are increasing nation fiscal revenue, improve saving settling system, establish the perfect appraisal and the reward mechanism of settling problem.