| Minors represent the future of the country,and the establishment and improvement of the exclusive legal system in line with the law of the development of minors is an important means to protect minors and prevent them from going astray.Minors do not have enough ego to protect ability,with the power of the outside world to prevent illegal violation and the influence of bad ideas,set up the guardian’s aim is to make up for the minors cognitive problems and weakness of the physical and mental development is not sound,etc,but in reality there guardian duties and abuse the phenomenon of violations of the rights and interests of minors,the revocation of guardianship qualification plays an important role in restraining guardians and maximizing the interests of minors.About the guardianship of minors system is not perfect in our country,especially the guardians of minors guardianship qualification cancellation system,it is important in the guardianship system,due to the system starts late,the related legislation is not specific,the judicial practice operation is difficult,since its establishment is not widely applicable,which results in the system still exists many defects.In order to solve the problems of imperfect legislation and judicial practice,the author combined with the reality of our country,on the basis of drawing lessons from overseas legislative experience and judicial status quo,to study the system of revocation of the guardianship qualification of minors in china.First of all,the cause of statutory revocation is not specific enough.It is necessary to clarify the status of property guardianship in the law and attach importance to the property ownership of minors.Secondly,the existing revocation mode should be expanded.In view of the problem that the guardian infringes on the property rights or identity rights of minors,the legal mode of partial revocation should be added,which only revocation the guardian’s personal or property guardianship qualification,so as to maximize the interests of minors.Then aiming at the lack of prevention mechanism problems,put forward for the related application subject which the villagers committee and the idea of setting rights and obligations of the residents committee,with the help of grid management mode,operation early warning mechanism,to make up for the defect of application scope of subject is not enough comprehensive,suggest to increase the people’s procuratorate for subject,solve the problem of the lack of initiative for agents.Finally,improve the post-sentencing placement procedures,increase the support for children’s welfare homes and clarify the selection criteria of successor guardians,so as to optimize and upgrade the effect of revoking the guardianship qualification system of minors in china.In conclusion,in order to promote the guardians of minors in our country the maturity of the guardianship qualification cancellation system and finalize the design,our country should establish all-sides linkage mechanism,a multi-sectoral joint,fully combine public power and family autonomy in our country,perfect guardianship supervision mechanism,to better protect the interests of minors’ healthy growth and optimization,promote the process of our rule of law,promoting social progress and stability,to achieve national prosperity and strength. |
