Research On The System Of Revoking The Guardianship Of Minors Who Have Suffered Domestic Violence

The system of revocation of minors’ guardianship is a typical embodiment of the state public power intervening in private family life,ensuring the healthy growth of minors and protecting their legitimate rights and interests.According to the statistics of Beijing Youth Legal Aid and Research Center,under the background of the increasing pressure of life and some parents’ wrong educational ideas,it is not uncommon for minors to suffer from domestic violence.At the same time,based on the traditional Chinese family culture and the concept of family life privacy protection,the relevant departments rarely take the initiative to pay attention to the contradictions within the family,just as the ancient Roman law proverb said: the law ignores trivial matters.However,because of this,the domestic violence of minors,which has caused widespread concern in the society,has caused serious consequences such as serious injury or death of minors.In this regard,China’s public power began to pay attention to and intervene in the issue of guardianship revocation.Through legislation,it proposed the system of guardianship revocation,which is scattered in the civil code,the minors protection law,the anti domestic violence law and other laws,As well as "opinions on Several Issues concerning the handling of guardian’s infringement of minors’ rights and interests in accordance with the law" and "opinions on strengthening the protection of minors in difficulties" and other normative documents.However,with the increasing number of cases of minor guardianship revocation in judicial practice,the application defects of the current system of minor guardianship revocation also appear.This paper mainly discusses the problems existing in the judicial application of guardianship revocation system in the case of minors suffering from parental domestic violence,analyzes the reasons and puts forward suggestions for improvement.The first part aims to clarify the nature of domestic violence against minors and the related concepts of juvenile custody revocation system,so as to lay a theoretical foundation for this paper.In the second part,through consulting and counting 108 relevant cases retrieved from alpha system,the author combs the application of the system of revocation of guardianship of domestic violence minors in judicial practice,and makes an in-depth analysis of the problems exposed,so as to clarify the problems existing in the process of judicial application of the system.The third part,combined with the relevant theories and the above empirical analysis,discusses in detail the problems existing in the judicial application of guardianship revocation system.This mainly includes: in the early stage of the application of the system,there are some problems such as the compulsory reporting system is not in place,the provisions on the subject of revocation application are not comprehensive,and the relief measures before revocation are not perfect;In the process of system application,the conditions of revocation are not clear,the relevant evidence is difficult to obtain and identify effectively,and there is a single way of revocation;After the application of the system,there are problems in the placement measures for minors,unclear standards for the recovery of guardianship qualification,and imperfect supervision system for minors.The existence of these problems makes it difficult for the guardianship revocation system to play a good role,and minors who suffer from domestic violence can not get timely and effective legal relief.In the fourth part,through the analysis and reference of foreign mature systems,combined with the actual situation and traditional cultural ideas of our country,the author puts forward some suggestions to improve the system of revocation of guardianship of domestic violence minors.The healthy growth of minors is related to social interests and national development.This paper aims to analyze the problems in judicial practice and put forward some suggestions for the perfection of the system of revocation of guardianship in China,so as to provide effective protection and relief path for minors who suffer from domestic violence and curb domestic violence against minors to a certain extent,To ensure the realization of their maximum interests,to protect the healthy growth of minors,to contribute to the fight against domestic violence.