Research On The System Of Revocation And Recovery Of The Guardianship Of The Minors

The system of revocation and recovery of the guardianship of the minors is the main means to intervene the parent-child relationship in China,which is intended to protect the rights and interests of the minors.The system is only in the end the other remedies is invalid or not enough to be exempted from minors at risk of personal property interest,to start the withdraw mechanism of custody of the parents for their children.Therefore,the design of the system should be cautious.From the perspective of the current civil code compilation,this paper studies and discusses the system from the path of "asking questions-analyzing problems-solving problems".This paper is divided into three chapters:In the first chapter,the author analyzes the predicament of the current system of revocation and restoration of the guardianship of the minors in our country from the perspective of legislation and judicature.In the legislative aspect,we first introduce the legal basis and current law of our country,and summarize the more serious legislation problems.In the judicial aspect,the problems existing in judicial practice are summarized through the introduction of 12 cases of minors' guardianship in the Supreme Court.The second chapter discusses the root causes of the current situation of the system of the revocation and restoration of the minors in China from the perspective of "analysis problem" The reason of the legislation is that the specific implementation rules "Legally Handling Several Issues on Guardian's Infringement upon the Rights and Interests of Minors" are not high and the legislative body is chaotic.And the social reasons are mainly due to the influence and disconnection of traditional family culture concepts and the economic foundation development.The third chapter explores how to find new ways to the system of revocation and recovery of the guardianship of the minors from the perspective of "problem solving".This paper argues that,from the institutional arrangement,the general principles of civil law should be combined with the stipulation of marriage and family inheritance.From the legislative body,we should separate the parental right and the custody right,and adopt the "partial guardianship" mode.On the basis of the value of legislation,the principle of "The Principle of Best Interests of Children" should be fully introduced and the theory of "state parental rights" should be improved.From the perspective of the concrete system construction,it is necessary to perfect the system of revocation of guardianship right from the four aspects of discovery,trial,resettlement and supervision,and create opportunities for the return of the parents' custody.