On The Perfection Ot The Shortconings Of The Revocaton System Of The Guardianship Of A Minor In China

In recent years,the number of cases of revocation of custody of parents in China has been increasing,which has aroused the great attention of the state and social members.At the same time,it has also exposed the problems existing in the judicial practice of the revocation of custody system in China.At present,China's legal system on the minor custody of the revocation of the provisions are too brief,the principle of the provisions of the majority,the judicial practice of the operability is not strong.The newly promulgated general principles of civil law has made some modifications to the provisions on the revocation of custody,but it still fails to truly solve the problems encountered in judicial practice.In order to make up for the loopholes of China's current system of revocation of custody and ensure the realization of the best interests of minors,the system should be carefully regulated by law so as to play a real role in judicial practice.The author will demonstrate from the following aspects how to improve the system of revocation of minor guardianship qualification.First on the one hand,outlining the guardianship to dismiss and analyzes the legal problems of the case,introduces the present state of legislation in the custody of minors to withdraw system,put forward our parents custody of minors to cancel the system defects and causes,and suggests that in the best interests of children,on the basis of principle and guardianship law principle,increase property infringement as parents have the custody of cancellation without statutory basis and build complete mandatory reporting system,clear the effectiveness of the minor custody revocation system scope and improve the system of custody to cancel subsequent settlement.In the second part,the author analyzes the deficiency of the legal causes for the revocation of custody of parents in China,and puts forward that property infringement should be included in the legal causes for the revocation of custody in China's legislation,and details its specific situation.Third,through the analysis of China's relevant legislation on the reporting mechanism and its defects,we believe that China should learn from foreign legislation,make it clear that reporting is a duty rather than a right,and set up a mandatory reporting system for relevant subjects and specify its specific provisions.In the fourth aspect,this paper analyzes the limitations of the rescission mode of guardianship of minors in China,and suggests that relevant overseas legislation be taken into account to distinguish between complete rescission and partial rescission,permanent rescission and temporary rescission,and that specific situations of different rescission modes be specifically enumerated.In the fifth aspect,through the analysis of existing legislation,it is concluded that the resettlement system after the revocation of guardianship of minors in China has some deficiencies.In comparison with relevant foreign legal systems,it is suggested to improve the follow-up resettlement system.