Study On Revocation System Of Parental Custody In China

Today,major developed countries in the world are paying more and more attention to the custody of minors.Ranging from legislative concepts to specific provisions,the idea of protecting minors continues to strengthen and shows the trend of public-power intervention.On June 1st,the Supreme People’s Court released a number of cases of parental custody revocation,which identified innovation and significance in juridical practices in China.For example,these cases make it clear that civil administration departments have rights to appeal,and introduce systems of designated temporary social care and protection.Significantly,these cases activate the long-dormant system of revocation of parental custody and provide effective protection to its perfection.During the process of legislation,we should keep a watchful eye on juridical practice of custody revocation,giving more comprehensive protection to minors.Based on cases study,the paper adopts a qualitative approach to analyze revocation system of parental guardianship in China.The paper first reviews the key concepts of the revocation of parental guardianship,and in particular,the necessity of this system.Then it has a brief but comprehensive study of this system from legislation to juridical experiences.At last,the paper conducts a detailed study of how to improve this system in China.This paper consists of four sections:The first section is an introduction,through the introduction of the first case of parental custody revocation in China,putting forward its problems at the present stage.The second section is a study of basic theory,presenting difference of several definitions,the legal basis and necessity,as well as the present situation of guardianship revocation system in China.The third section,the main body of this paper,gives a tentative analysis of parental guardianship revocation.Firstly,it analyses deficiency of this system from the respective of legislative technique and principle.Secondly,it presents the difficulties of this system in juridical practices.Combined with cases,this analysis will be developed from discovery,revocation conditions and subjects of action to placement and monitoring.The last section is the conclusion of this paper,which will draw a summary of the paper and summarize suggestions of how to improve this system in China.