| As a social vulnerable group,minors’ physical and mental development is not yet sound,and their ability to understand and judge is not mature,and they need assistance and care from guardians in their growing up stage.However,in recent years,the situation of minors being infringed by guardians frequently occurs in our country,and the problems existing in the system of revocation of guardianship of minors gradually emerge with the increase of cases of revocation of guardianship of minors.At present,China’s provisions on the system of revocation of custody of minors are mainly scattered in the General Principles of Civil Law,the General principles of Civil Law,the Law on the Protection of Minors,the Law on Anti-Domestic Violence,and the Opinions on Dealing with the Protection of Minors’ Rights and Interests by Guardians according to Law.In a certain sense,the system of revocation of custody of minors in our country has initially formed a certain system,but the traditional thought is similar to the social family,the legislation has not formed the system,the social assistance after the withdrawal of custody of minors is not perfect and so on.In this paper,the author studies the legal issues of subject,subject,trial procedure and guardianship supervision in the current system of juvenile custody revocation from the empirical point of view,It not only classifies the provisions scattered between different laws and regulations,but also explains the academic problems existing in the theory,puts forward some opinions and suggestions on the improvement of the system of revocation of the custody of minors,which is of great significance to the construction and application of the system of revocation of the custody of minors.In addition to the introduction and conclusion,this paper is divided into four parts.In the introduction,through the analysis of 50 sample cases,this paper puts forward the problems to be solved in the current system of juvenile guardianship revocation.At the same time,it focuses on the research status,research significance and innovation of the topic,as well as the research ideas and paper.The first part is the subject of application for the revocation of custody of minors.Through the analysis of the status quo of the subject of the application for guardianship of minors in legislation and judicial practice,it is concluded that the current system of revocation of guardianship of minors has not yet clarified the functional orientation of the procuratorial organs in the handling of the case of revocation of guardianship of minors,and the minors themselves can not independently initiate the guardianship revocation proceedings,and put forward suggestions to improve the subject scope of the application for revocation of guardianship of minors in view of the dilemma of the subject scope of the application.Part Ⅱ Application for revocation of guardianship of minors.First of all,from the legislative technology and legislative principles to analyze the lack of legislation in China’s minor custody revocation application in the legislative level,and secondly,to analyze the problems existing in China’s minor custody revocation application cause,that is,our country did not consider the minor guardian custody can not and guardian infringement of minor property situation,finally,in view of the minor custody revocation application reasons obstacles,put forward an optimal path to improve the application cause.Part Ⅲ Procedure for the withdrawal of custody of minors.Through the system theory method,the author systematically analyzes the procedure of revocation of minor custody with the ordinary procedure and special procedure of civil procedure law,and points out the disadvantages of the current procedure of revocation of minor custody in combination with the judicial practice,and puts forward the corresponding perfect path for the defect of the procedure of revocation of minor custody.Part Ⅳ Custody supervision of the withdrawal of custody of minors.Through in-depth investigation on the practice of the system of revocation of the custody of minors in foreign countries,combining with the actual situation of guardianship supervision of the withdrawal of the custody of minors in our country,drawing lessons from the mature experience of foreign countries on the supervision of the custody of minors,this paper puts forward a sound supervision and management mechanism the supervision of minors in our country. |
