我国未成年人监护权撤销制度研究
发布时间：2018-11-26 08:09
【摘要】：未成年人作为社会上的弱势群体,身心发展还不健全,认识和判断能力有待提升,在其成长的阶段需要来自父母的辅助。如果说孩子是一个家庭的“宝藏”,那么未成年人监护就是对“宝藏”的神圣守护,而父母就是孩子的守护神。未成年人监护制度作为一项民事法律制度,其目的就是为了维护未成年人的权益。然而近年来,父母作为监护人侵害未成年子女权益的案件时有发生,对未成年人身心健康造成了严重伤害,从而引起社会各界的广泛关注。虽然我国的《民法通则》、《关于贯彻执行中华人民共和国民法通则若干问题的意见(试行)》(以下简称《民通意见》)、《未成年人保护法》、《关于依法处理监护人侵害未成年人权益行为若干问题的意见》(以下简称《意见》)、《反家庭暴力法》以及2017年3月15日通过的《中华人民共和国民法总则》对未成年人监护权撤销制度进行了一些规定,但现行的立法规定仍存在许多不足和缺陷。本文立足于我国国情,以未成年人监护权撤销制度的基本理论为出发点,结合我国目前立法的规定和近几年发生的典型案例,总结我国目前立法关于未成年人监护权撤销制度规定存在的不足,进而提出相应的完善建议。本文分为三个部分:第一部分,对未成年人监护权撤销制度进行概述。首先,对监护和未成年人监护进行概述,介绍了监护的含义、监护的性质、未成年人监护的含义和未成年人监护的历史进程;其次,对未成年人监护权撤销进行分析,介绍了未成年人监护权撤销的含义、未成年人监护权撤销的必要性;最后,介绍了未成年人监护权撤销制度的基本原则。第二部分,主要论述了我国未成年人监护权撤销制度存在的不足。主要包括未成年人监护权撤销前不易被发现、未成年人监护权撤销公益诉讼缺失、监护权撤销后未成年人的安置缺失制度保障、未成年人监护权撤销前缺失防御措施。第三部分,主要论述了完善我国未成年人监护权撤销制度的建议。主要有加强事前的干预及监督、积极探索未成年人检察公益诉讼、完善判后安置规定、加强事前防御措施建设。
[Abstract]:As a weak group in the society, minors are not perfect in their physical and mental development, and their abilities of cognition and judgment need to be improved, and they need assistance from their parents in their growing up stage. If the child is the treasure of a family, then the minor guardianship is the sacred guardian of the treasure, and the parents are the guardian god of the child. As a civil legal system, the system of guardianship of minors aims to safeguard the rights and interests of minors. However, in recent years, parents as guardians of minor children's rights and interests cases have occurred from time to time, causing serious harm to the physical and mental health of minors, which has caused widespread concern from all walks of life. Although China's General principles of Civil Law, opinions on the implementation of certain issues concerning the implementation of the General principles of Civil Law of the people's Republic of China (trial) > (hereinafter referred to as the opinions of the Civil Law), the Law on the Protection of minors, "opinions on the handling of certain issues concerning the violation of the rights and interests of minors by guardians according to law" (hereinafter referred to as "opinions"), The Anti-domestic violence Law and the General principles of Civil Law of the people's Republic of China adopted on March 15, 2017 have made some provisions on the revocation system of custody of minors, but the current legislative provisions still have many shortcomings and defects. This article is based on the situation of our country, taking the basic theory of the juvenile custody revocation system as the starting point, combining the current legislative provisions of our country and the typical cases that have occurred in recent years. This paper summarizes the deficiencies of the current legislation on the revocation of custody of minors in our country, and puts forward corresponding suggestions for perfection. This text is divided into three parts: the first part, carries on the outline to the minor guardianship revocation system. First of all, it summarizes the guardianship and the guardianship of minors, introduces the meaning of guardianship, the nature of guardianship, the meaning of guardianship of minors and the historical process of guardianship of minors; Secondly, it analyzes the revocation of custody of minors, introduces the meaning of revocation of custody of minors, the necessity of revocation of custody of minors; finally, introduces the basic principles of revocation system of custody of minors. The second part mainly discusses the deficiencies of the system of revocation of custody of minors in China. It mainly includes the minor custody is not easy to be found before the revocation of custody of minors, the absence of public interest litigation, the protection of the system of minors' placement after the revocation of custody, and the lack of defensive measures before the revocation of custody of minors. The third part mainly discusses the suggestion of consummating the system of juvenile guardianship revocation in our country. It mainly includes strengthening prior intervention and supervision, actively exploring procuratorial public interest litigation of minors, perfecting the provision of post-judgment placement, and strengthening the construction of pre-emptive defense measures.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9
[Abstract]:As a weak group in the society, minors are not perfect in their physical and mental development, and their abilities of cognition and judgment need to be improved, and they need assistance from their parents in their growing up stage. If the child is the treasure of a family, then the minor guardianship is the sacred guardian of the treasure, and the parents are the guardian god of the child. As a civil legal system, the system of guardianship of minors aims to safeguard the rights and interests of minors. However, in recent years, parents as guardians of minor children's rights and interests cases have occurred from time to time, causing serious harm to the physical and mental health of minors, which has caused widespread concern from all walks of life. Although China's General principles of Civil Law, opinions on the implementation of certain issues concerning the implementation of the General principles of Civil Law of the people's Republic of China (trial) > (hereinafter referred to as the opinions of the Civil Law), the Law on the Protection of minors, "opinions on the handling of certain issues concerning the violation of the rights and interests of minors by guardians according to law" (hereinafter referred to as "opinions"), The Anti-domestic violence Law and the General principles of Civil Law of the people's Republic of China adopted on March 15, 2017 have made some provisions on the revocation system of custody of minors, but the current legislative provisions still have many shortcomings and defects. This article is based on the situation of our country, taking the basic theory of the juvenile custody revocation system as the starting point, combining the current legislative provisions of our country and the typical cases that have occurred in recent years. This paper summarizes the deficiencies of the current legislation on the revocation of custody of minors in our country, and puts forward corresponding suggestions for perfection. This text is divided into three parts: the first part, carries on the outline to the minor guardianship revocation system. First of all, it summarizes the guardianship and the guardianship of minors, introduces the meaning of guardianship, the nature of guardianship, the meaning of guardianship of minors and the historical process of guardianship of minors; Secondly, it analyzes the revocation of custody of minors, introduces the meaning of revocation of custody of minors, the necessity of revocation of custody of minors; finally, introduces the basic principles of revocation system of custody of minors. The second part mainly discusses the deficiencies of the system of revocation of custody of minors in China. It mainly includes the minor custody is not easy to be found before the revocation of custody of minors, the absence of public interest litigation, the protection of the system of minors' placement after the revocation of custody, and the lack of defensive measures before the revocation of custody of minors. The third part mainly discusses the suggestion of consummating the system of juvenile guardianship revocation in our country. It mainly includes strengthening prior intervention and supervision, actively exploring procuratorial public interest litigation of minors, perfecting the provision of post-judgment placement, and strengthening the construction of pre-emptive defense measures.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9
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