Research On The Administrative Public Interest Litigation Of Juvenile Guardianship Initiated By The Procuratorial Organ

There are often common problems such as lack of supervision and ineffective protection of guardians behind minors’ violation of laws and crimes.In 2021,procuratorial organs nationwide supported prosecution and suggested revoking guardianship in 758 cases for acts of guardian infringement,an increase of 47.8% over 2020.However,the guardianship rights and interests of minors have not been fully and effectively protected,and civil affairs departments still need to improve their inadequate guardianship capacity and low prosecution rate.The exploration and application of procuratorial public interest litigation in the field of protection of minors is a new litigation mechanism to safeguard the public interests of minors,which has independent value and function.Therefore,combined with my practical experience in juvenile procuratorial work,it is very feasible and necessary to explore and apply administrative public interest litigation in the field of juvenile guardianship.The care and protection of minors is an important matter concerning the future of the motherland and the happiness of families.To protect the legitimate rights and interests of minors is,in essence,to safeguard the public interests of the state and society.Procuratorial organs,as national legal supervisory organs and defenders of public interests,realize comprehensive and comprehensive protection of minors through handling specific cases,which is their important mission.The Opinions on Strengthening the Legal Supervision of Procuratorial Organs in the New Era clearly states that procuratorial organs should strengthen the handling of public interest litigation cases in key areas such as the protection of the rights and interests of minors,and constantly actively and orderly expand the scope of public interest litigation cases.Therefore,the exploration and application of administrative public interest litigation in the field of guardianship and protection of minors is of great significance for urging civil affairs departments to perform their duties in a timely and effective manner,so as to better protect the legitimate rights and interests of minors.The introduction part of this thesis mainly discusses the exploration and application of administrative public interest litigation in the field of juvenile guardianship in detail from the aspects of research purpose and significance,research status at home and abroad.The second part summarizes the concept and characteristics of administrative public interest litigation,and analyzes the values of "tragedy of the Commons",the principle of maximizing the interests of children,the basic theory of public interest and the justice and efficiency of constructing the system of administrative public interest litigation for the guardianship of minors.The third part points out that it is necessary and practical to explore and apply administrative public interest litigation in the field of the protection of the minor guardianship by analyzing the current situation of the protection of the minor.The fourth part summarizes and analyzes the problems of the scope of specific cases and the unclear responsibilities of the main body,the unclear identification standards of the administrative organs not performing the statutory duties and the imperfect supporting mechanism in the exploration and application of administrative public interest litigation in the field of juvenile guardianship.In view of the above problems,the fifth chapter accurately puts forward corresponding improvement suggestions to promote the steady expansion of the scope of accepting cases in the field of administrative public interest litigation for the protection of minors.