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published in(发表于) 2014/6/22 9:43:46
The Ministry of Civil Affairs

Yang Guang Beijing, June 22 (reporter Liu Le) according to voice of the evening rush hour news coverage, in recent years, such as "Nanjing starved girls" guardians of gross violations of minors ' rights and interests, such as a string of cases reported, triggering widespread concern of the community. Sad and angry at the same time in public, and let each of us to reflect on guardianship. In fact, China established in the law enforcement system has been deprived of custody of children of 20 years, but is still without a case, known as "zombie" law.

Latest news said Dou Yupei, Vice Minister of Civil Affairs, said recently, a number of pilot protection of minors, guardianship cases of improper transfer of guardianship of minors as well as work. This means that parents and other guardians to improper child custody, custody would be revoked. Whether custody transfer means that children and their parents "disown"? Custody can be transferred to those institutions?

Both 1986 introduction of the General principles of the civil law and the Convention on the protection of Minors Act of 2006 amended the guardianship of minors the right to revoke transfers was clearly defined. But so far, none of the cases nationwide deprivation of custody cases in the judicial process. In marriage and family law expert Professor Li Mingshun gives two key issues.

Li Mingshun: deprivation program can't start. That is, who is going to bring? Who has the right to lift the revocation of custody litigation. Second, who is going to care. When you revoke custody time, who is going to care? Just stipulates what kind of situation you can undo, which are the two most critical questions, address those two issues, and the legal system will be "live".

Exactly who is going to remove the transfer of minors guardianship proceedings? Qiu baochang is a lawyer of Beijing huijia law firm offers some advice.

Qiu baochang is a: we of understanding General is rescue sector, like home sector, street, and community most understanding situation of these people, they if found, guardian not perform guardianship duties or against was guardian interests, they should to court filed litigation, denied guardianship power, or is public organization, and minor people protection organization, or is guardian yiwai of other people, such as was guardian of other near relatives or relatives, by they to exercise, such court on can accepted.

However, for many people, still have "family chores, others have no right to meddle" and "much less a" traditional attitudes. Therefore, Qiu baochang is a lawyer suggested, the Government should make the way by buy public service helps to protect their rights and interests of minors.

Qiu baochang is a Government to give money to the service. Who do it? Not all government workers to do it. Let these professional people to do more professional and better. For example, entrust the relevant legal persons, warm-hearted man of the street, and commissioned them to institute such proceedings, to protect the rights of minors, so laws can fall. To help the guardians to safeguard their rights and interests, to help individuals fulfill filed obligations of these bodies.

Guardian after the cancellation or transfer of guardianship of minors, the child who should control? Does that mean both "clean break"? Outside what we can learn about this experience?

Guardians of minors are mostly parents, after defaulting parents lose custody, guardianship of children who come to it? Qiu baochang is a lawyer:

Qiu baochang is: who is going to exercise guardianship powers, after deprivation to whom? This requires the State to assume responsibility for the custody, or set up a monitoring centre, or entrust the guardian's communities, to perform monitoring, responsibility, or the protection of minors organization and so on, in order to design this system. Once after a custody transfer or cancellation, who will undertake the monitoring obligations, the system is designed to protect the legitimate rights and interests of minors.

After the revocation of custody, parents and children is not a "clean break". Supreme People's Court and the Ministry of public security, Ministry of Civil Affairs on family guardianship, drafted earlier this year by improperly transferring guardianship of minors working guidance (draft for soliciting opinions) provided that revoked custody personnel recovery monitoring capacity or true repentance will not further harm to the interests of minors, custody is revoked may apply to the Court within one year from the date of resumption of the exercise of custody.

Professor Li Mingshun that, briefly, the concept of guardianship should include supervision and a protective layer. Therefore, as parents, guardianship is to manage not only children.

Li Mingshun: now guardian is usually understood as "this child I own." The marriage law explicitly stipulates that guardians have the obligation to support, protection, and education.

Professor Li Mingshun absence also proposed a monitoring system of supervision is a problem that cannot be ignored.

Li Mingshun: in other countries, for this is not your parents ' guardianship, in setting the guardian while monitoring person, is the guardian is discharge his duties to you, if children's interests first, guardianship responsibilities for oversight of implementation is not very good. Now, we don't have the guardianship supervision system, guardian's behavior so it is difficult to be found and corrected in a timely manner.

Dou Yupei, Vice Minister of Civil Affairs said the future will gradually build a Government Department is responsible for policy development, funding, technical support, monitor, evaluate, professional social organizations, grass-roots organizations and volunteers difficulties social forces such as investigations and assessments of the family guardianship, guardianship of minors, alternative care, parenting education guidance, support referrals, care for minors to protect specific jobs, such as social protection mechanism.

(Original title: the Ministry of civil affairs: to transfer the custody of minors carried out case work practice)

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