| Although China has continuously improved its legislation on the revocation of guardianship rights of minors over the years,there are still deficiencies in the range of the applicants,the completeness of the application reasons,the provisions on revocation methods,post-judgment placement,and the restoration of guardianship qualifications.In the middle of judicial practices,court judgments also lack respect for the willing of minors.The provisions on guardianship in the Civil Code of China basically cover all issues in the process of revocation of guardianship rights,but there are still problems in the application of the judicial process.Therefore,this paper analyzes the current implementation of the system and judicial cases related to the revocation of guardianship rights,summarizes the problems existing in the system,and puts forward suggestions for improvement.This paper is divided into four parts.The first part examines the judicial judgments on the revocation of guardianship rights of minors,explains the current situation and deficiencies of judicial cases,and proposes the basic principles of the revocation system for guardianship rights of minors,emphasizing the principles of maximizing the interests of children and the intervention of public power.The second part discusses the scope of the applicants for revoking the guardianship rights of minors,classifies the revocation lawsuits brought by close relatives,public authorities,and social organizations,and points out the limitations of close relatives as applicants and the deficiencies of public authorities and social organizations in protecting the legitimate rights and interests of minors.Suggestions for improving the scope of applicants are proposed.The third part explains the reasons for revoking the guardianship rights of minors,including the problems in the reasons for application stipulated by law and the problems arising from the specific application of statutory reasons in the judicial process.Suggestions for improving the reasons for application are proposed.The fourth part discusses the consequences of revoking the guardianship rights of minors,including the current content covered by the revocation of guardianship rights and the impact on minors after the revocation.Suggestions for improving the revocation methods,restoration of guardianship qualifications,and placement of minors are proposed. |
