Study On The System Of Revoking Parental Guardianship

Revocation of parental guardianship refers to the system in which the parents,as the guardian of the minor child,seriously infringe upon the child’s legitimate rights and interests,cancel the parental guardianship according to legal procedures,and resettle the minor.The parental guardianship system is an indispensable part of protecting the interests of minors.The purpose of the legislation is to achieve the protection of the legitimate rights and interests of minors through appropriate intervention of state power.In general,parents can fulfill the legal guardianship of the minor children in accordance with the law;in special cases,the parents can’t effectively assume the guardianship responsibility.But the system of guardianship of minors in China is still not perfect and the operation is not strong.The lack of guardianship rules leads to frequent incidents of abandonment and child abuse.It is necessary to establish a perfect parental guardianship system.Based on the consideration of family human ethics,the construction of parental custody revocation must emphasize the best interests of children,the will of children and the backstop of initiation in the system design.China adopts the legislative system of guardianship and parental rights.In judicial practice,there are many obstacles in the handling of cases of revocation of parental guardianship.The main problems are concentrated in the following aspects: First,the measurement standards for parental guardianship are missing.The current legislation does not elaborate on the guardianship duties of parents,and the guardianship duties of parent guardians and non-parent guardians under the“generalized guardianship” system are not differentiated.It results in the lack of judgment basis of the relevant authorities in handling the cases.Second,there is a lack of an effective supervision mechanism.According to the current law,ordinary citizens and organizations have no obligation to supervise or report on guardianship.The procuratorate also has no direct right to sue.Furthermore,the reporting and accepting department is not clear.Therefore,it is easy for the relevant parties to shirk each other on the issue of supervision.Third,the follow-up placement guarantee for children is not perfect.In the absence of clear regulations on the restoration of parental guardianship,the national guardianship system has not yet been established,and the issue of post-sentence placement of children has become a concern of judges.Fourth,the rules for the appointment of successor guardians are too brief.The current succession guardian selection rules are unreasonable,and there is no provision for the successor guardian’s auditing standards,remuneration claims,and succession guardianship duties.The system of parental custody cancellation in China should be further refined.The specific construction methods include: First,introduce the concept of parental responsibility and establish a matching family marriage law.Second,improve the basic provisions of the guardianship cancellation system,and clarify the content of the guardianship duties and the application of the principled provisions.Third,improve the supervision and supervision mechanism,and clarify the main body of responsibility and its responsibilities.Fourth,improve the supporting resettlementmechanism and establish a national guardianship system and a child welfare system.Fifth,refine the conditions for the restoration of parental custody,and clarify the terms and conditions of succession of the successor guardian.