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为保护未成年人权益,我国1986年颁布的《民法通则》规定了监护权撤销制度,但直到27年后该制度才首次付诸实践。福建省仙游县人民法院审理的“全国监护权撤销第一案”在受理和审判过程中遇到的种种障碍,暴露出有关规定不明确、未成年人后续安置难以解决等问题。该案只是众多未成年人家事案件中具有典型性的一例。为使监护权撤销制度发挥应有的作用,目前亟待解决各种因素导致的“无人起诉”的难题。
In order to protect the rights and interests of minors, the “General Principles of Civil Law” promulgated in 1986 stipulated the system of custody of custody, but it was not until 27 years later that the system was put into practice for the first time. Fujian Xianyou County People’s Court hearing “the first case of withdrawal of guardianship of the nation ” in the process of acceptance and trial of the obstacles encountered, exposed the relevant provisions are not clear, underage follow-up settlement is difficult to solve and so on. This case is only one typical example of many minor cases of family affairs. In order to make custodial withdrawal system play its proper role, it is urgent to solve the problem of “no prosecution” caused by various factors.