2014年6月22日星期日

Qiu Baochang Beijing Huijia lawyer provides some suggestions.

central broadcasting network Beijing on June 22nd news (reporter Liu Le) according to voice of China "peak Evening News" reports, in recent years, such as "Nanjing starved girl's case" and other serious violations of the rights and interests of minors guardianship of incidents reported in the newspapers, cause social widespread concern. Sadness, anger in public at the same time, also let us start to rethink the guardianship system. In fact, our country establishes compulsory deprivation of a Cheap NHL All Star Jerseys child custody system has been 20 years in the law, but so far no case, known as the "zombie" law.

latest news said, Vice Minister of civil affairs Dou Yupei said recently, a plurality of pilot of juvenile protection area, will carry out monitoring misconduct juvenile custody transfer case work. This means that, guardian of a child custody improper parents custody, will be revoked. The custody transfer means that the children and their parents "make a clean break with"? Custody can be shifted to what?

whether Cheap Kids NHL Jerseys in 1986 the introduction of the "general rules of the civil law" was 2006 revision of the "law on the protection of minors" on the guardianship of minors right cancellation transfer are defined. But so far, no cases of deprivation of the custody case into the judicial process. Our marriage and family law expert Professor Li Mingshun gives two key problems.

Li Mingshun: deprivation procedure can't start. That is to say, who will bring? Who has the right to revoke the guardianship proceedings filed. Second, who is to care. When you undo the custody, who care? Is provided which may be revoked, it is the two most important problems, the two problems if solved, the legal system will be "live".

who proposed revocation of transfer of minors guardianship proceedings? Qiu Baochang Beijing Huijia lawyer provides some suggestions.

Qiu Baochang: our understanding is generally aid agencies, like the Civil Affairs Department, street, community's understanding of these circumstances, if they are found, the guardian does not fulfil his duties as guardian or infringes upon the rights and Cheap NHL Stanley Cup Jerseys interests, they should bring a lawsuit to the people's court, deprived of guardianship authority, or public organizations, the minors protecting organizations, or is the guardian of a person other than the other, for example by a close relative Cheap Flyers Jerseys or relatives, guardians, exercised by them, so that the Cheap Hurricanes Jerseys court can accept.

however, for many people, still have "the family chores, others have no right to intervene" and "It's better to save trouble." the traditional concept of attitude. Therefore, lawyer Qiu Baochang suggested, the government should through the purchase of public service way help minors to protect their rights and interests.

Qiu Baochang; the government should pay for the service. This matter who to do? Are not necessarily the government staff to do. Let the professional people to do more professional better. For example, can entrust relevant legal persons, the streets are enthusiastic, they commissioned to bring the lawsuit, to protect the rights and interests of minors, such laws can fall to the ground. To help the guardian is to safeguard their own rights and interests, to help these institutions of personal performance lawsuit obligation >

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