Exploring the Prosecution's Litigation on Revocation of Minor's Custody Right by Procuratorial Authorities

Abstract

Currently, minors are frequently victimized by their guardians. As a system that can directly and effectively reduce the continuous harm of minors in the field of guardianship, the revocation of guardianship of minors, in practice, its lack of initiative, and even in a long-term state of inactivity. The reasons for this are mainly the influence of traditional concepts and the lack of guardianship capacity. To mention its countermeasures, it is necessary to further clearly incorporate cases in the field of guardianship revocation into the scope of cases of prosecutorial public interest litigation. Due to the inherent advantages of the procuratorate, it is fully justified and reasonable for the procuratorate to conduct public interest litigation to revoke guardianship. Procuratorial authorities to start the revocation of guardianship public interest litigation, must uphold the prudence, follow the principle of modesty, at the same time, in not denying the other subjects have guardianship revocation at the same time, the procuratorate to minors caused serious physical and mental infringement of guardianship behavior directly revocation of the power to file a lawsuit, in addition to other infringement of guardianship behavior, the procuratorate to the bottom of the responsibility. Ensure that the rights and interests of minors in the field of guardianship protection is maximized.