| Minors are the future and hope of a country.To ensure that minors grow up in a safe,healthy and good living environment is related to the sound development of society and the country,and it is the responsibility shared by families,society and the country.Protecting the mental and physical health and growth of minors is what every family,the whole society and the country should pay attention to.However,with the development of society,a series of bad events that violate the rights and interests of minor children occur frequently.How to better protect the legitimate rights and interests of minors in the new era has become a hot issue concerned by scholars and experts,and also a key issue faced by courts in judicial practice.The cancellation of the minors’ parents custody as part of the protection of minors,the rights and interests of its cover never adults assault,filed a lawsuit,the court trial at the end of the parents custody after the cancellation of minors placement and so on each link,the system design is not only to better protect minors,also helps to maintain family harmony and social stability.But the present our country minor custody regulations and applicable cancellation system is not perfect,the minor’s parents custody cancellation system mainly stipulated in the civil code,the protection of minors,four departments concerning the processing guardian violations of the rights and interests of minors in accordance with the act’s opinions on several issues such as laws and regulations,Although provision covers about parents custody of minors to cancel the system of the basic content,have stronger practice guidance and applicability,but the system still exists defects is the consensus of the academic circles,the application of the system in practice there are also many realistic dilemma: custody parents shall have the right to apply for cancellation of the subject is not complete,lack of effective monitoring system to supervise mechanism,etc.For understanding of the defects in the existing system and the present situation of the judicial application,this article through to the development of the system of minor custody to withdraw to comb,sorts through the evolution of the legal norms,to explore the general law of development and the deficiency of the specific stipulation,but from a magic weapon of Peking University and other web site is a collection of 100 parents custody to withdraw the judicial case,Through the classification and induction of cases,the problems faced in judicial practice in dealing with such cases are identified.On this basis,the deficiencies of the current system are analyzed in combination with the legal provisions,and the main defects of the current system are as follows: Lack of effective prevention mechanism and reporting mechanism,incomplete applicants for revocation of guardianship,omissions in legal causes of revocation of parental guardianship stipulated in provisions,lack of special guardianship supervision system,single follow-up placement measures of guardianship after revocation of parental guardianship,etc.On the basis of analyzing the defects of the current system,This paper puts forward the author’s thoughts and suggestions on the revocation of parental custody of minors from the aspects of expanding the scope of subjects who have the right to apply for revocation of parental custody of minors,perfecting the circumstances of revocation of parental custody of minors,perfecting the guardianship supervision system of minors,and strengthening the placement measures after revocation of parental custody of minors. |
