Research On The Procuratorial Organs Participate In The Revocation Of The Custody Of The Minors Litigation System

With the gradual formation and development of the theory of national guardianship,the procuratorial organs’ participation in cases of revocation of minors’ guardianship shows a rapid growth trend.As a national legal supervision organ,the procuratorial organ has both the procuratorial function of minors and the function of public interest litigation.Its function is in great agreement with the target value of the custody cancellation litigation system,which is of great theoretical and practical significance to the protection of minors’ guardianship interests and the development and perfection of the national guardianship system.Theoretically,it has promoted the development of the national guardianship theory and its implementation in judicial practice,and promoted the perfection of the judicial system of juvenile protection.Practically,it can supervise and urge the administrative organs and individual citizens to perform their duties in litigation,effectively defend the rights and interests of minors,implement the principle of "maximizing the interests of children",and finally achieve the goal of safeguarding the interests of minors’ guardianship.On the issue of procuratorial organs’ participation in juvenile custody revocation litigation,many problems are highlighted by combing the scattered provisions in existing legal norms and comparing the innovative and uneven participation modes of procuratorial organs in judicial practice of custody revocation litigation in various parts of China.The defects of the system itself include unclear role orientation,unclear scope of participation and disunity of participation mode of procuratorial organs,which leads to the lack of procedural mechanism and limited participation of procuratorial organs in practice.However,it has legal legitimacy and important practical significance for procuratorial organs to participate in the lawsuit of revocation of minors’ guardianship.In view of the problems exposed in the current legal norms,combined with the local exploration and practical needs of China’s judicial practice on custody revocation litigation,we should design reasonable procedures on the premise of legislation to clarify the legal status of procuratorial organs,not only improve the pre-procedure of custody revocation litigation,but also set relevant supporting measures for it.Specifically,first of all,it is necessary to clarify the participating role and status of procuratorial organs to ensure that they can play their role accurately and effectively in the process of intervening in litigation.Secondly,it is necessary to clarify the scope of participation of procuratorial organs in custody revocation litigation to ensure that they are not absent or offside in the process of participation.Once again,it is necessary to standardize its participation mode and procedural mechanism,and build a normative system for procuratorial organs to participate in juvenile custody revocation litigation,which has rules to follow in specific judicial practice.Finally,the idea of setting up a special guardianship agency for minors can draw lessons from the beneficial experience of developed countries with guardianship system for minors,and combine with the reality of our country to establish a comprehensive and diversified cooperation mechanism of judicial organs,administrative organs,social organizations and other forces to protect minors,so as to explore a path for procuratorial organs to effectively participate in the lawsuit of revocation of guardianship for minors.