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于未成年人而言,父母理应是其在物质上的保障者,灵魂深处的知心者与引导者,理应珍惜并切实履行其监护权。但现实却不尽如人意。近年来,部分父母或其他监护人法律意识淡薄,视法理与情理为儿戏,并对其子女施加种种令人发指之举,着实使得撤销监护权成为不得已而为之的事情。新修订的《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》对未成年人身心健康发展提供了制度保障,是对监护人侵害未成年人权益现象向着低龄化、社会性发展趋势的有效遏制。本文从我国于一五年实施的依法处理监护人侵害未成年人权益行为法案的适用出发,简要介绍其适用对象、适用条件等,深度分析现阶段我国实施该制度所存在的一系列问题,并针对存在的问题提出了一些想法和建议。
For minors, parents should be their material guarantors, benefactors and guides of the soul, and should cherish and effectively perform their custody. But the reality is not satisfactory. In recent years, some parents or other guardians have been weakly aware of the law and are treating children as law-abiding children and making all sorts of heinous gestures. Actually, withdrawal of custody is a last resort. The newly revised Opinions on Several Issues Concerning Handling the Guardian’s Violation of the Rights and Interests of Minors in Accordance with Law provides the system guarantee for the physical and mental health of minors and is an effective measure to guardians against the rights and interests of minors towards the younger age and social development trend contain. This article starts with the application of the law on guardianship of minors against rights and interests of minors in accordance with the law implemented by our country in 15 years, briefly introduces its applicable objects and applicable conditions, and deeply analyzes a series of problems existing in the implementation of this system in our country at the present stage. Existing problems raised some ideas and suggestions.