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我国1986年4月颁布的《民法通则》即已规定监护权撤销制度,但直至近年该制度才得以付诸实施。通过“仙游案”和“徐州案”的比较分析可知,目前监护权撤销制度亟待解决的问题是诉讼程序启动难。诉讼主体积极性的缺失、国家和公众未能发挥应有的作用是造成该难题的主要原因。为此,有必要明确国家机关的职责,健全强制报告机制以及针对特定群体设立监护监督制度,以保障监护权撤销程序在必要时得以及时启动。
The “General Principles of Civil Law” promulgated in April 1986 in our country already stipulates the system of custody of custody, but it was not until recent years that the system was put into effect. Through the comparative analysis of “Xianyou case” and “Xuzhou case”, we can see that the problem to be solved urgently is that it is difficult to start the procedure. The lack of enthusiasm for litigants and the failure of the state and the public to play their due role are the main causes of this dilemma. Therefore, it is necessary to clarify the responsibilities of state organs, improve the compulsory reporting mechanism and set up guardianship supervisory systems for specific groups so as to ensure that the procedures for the withdrawal of guardianship rights can be promptly started when necessary.