Because his parents were born without him, Mumu (pseudonym) has been dependent on his grandparents since the age of one. After his grandfather passed away, he was raised by his grandmother Bao alone. After Bao applied to the court to revoke the guardianship rights of Mumu's parents, the Procuratorate of Bagongshan District, Huainan City, Anhui Province, supported the lawsuit in accordance with the law. Recently, the court made a judgment in accordance with the law: revoking the guardianship qualifications of Li and Sun, designating Bao as Mumu's guardian, and using legal force to build a "guardianship defense line" for children in difficult situations. In June of this year, the Procuratorate of Bagongshan District received case materials transferred by the district's legal aid center: a resident named Bao applied to support the prosecution, claiming that his son Li and his ex girlfriend Sun had given birth to Mu Mu and did not fulfill their guardianship duties. According to the investigation by the civil prosecution department of the court, Li and Sun did not register their marriage and gave birth to Mumu in 2011. When Mumu was one year old, Li and Sun's relationship broke down and they separated, agreeing that Mumu would be raised by Li. Due to Li being away from home all year round, Mumu has actually been living with his grandparents. In 2017, Kimi's grandfather passed away due to illness. Afterwards, Li did not return home, and Sun only occasionally visited Mumu. Both of them did not fulfill their guardianship duties, and Mumu was actually raised by his grandmother Bao. According to the law, parents are the guardians of minor children and have the obligation to raise, educate, and protect them. If a guardian fails to fulfill their guardianship duties, resulting in the ward being in a state of distress, the court may, upon application by the relevant individual or organization, revoke their guardianship status. ”After examination, the prosecutor believes that the actions of Li and Sun comply with the provisions of the Civil Code regarding the revocation of guardianship qualifications. Bao has the ability to take care of him, and Mu Mu has lived with him for many years and was actually raised by him. Both parties have formed a close relationship of care, and there is evidence that Mu Mu has grown up and achieved good academic results under Bao's care. Considering the economic difficulties and low cultural level of Bao, who is in a disadvantaged position in evidence collection, legal application, and expression of demands, on June 20th, the Bagongshan District Procuratorate supported Bao's lawsuit in accordance with the law and submitted a letter of support to the court. On July 29th, the court made a judgment in accordance with the law, adopted the prosecution's support opinion, revoked the guardianship qualifications of Li and Sun, and designated Bao as the guardian of Mu Mu. The successful resolution of this dispute over guardianship of minors is attributed to the collaborative mechanism established by the Procuratorate of Bagongshan District and the Judicial Bureau of the district to support prosecution and legal aid work. Since the operation of this mechanism in December 2023, both parties have handled multiple support lawsuits in areas such as seeking alimony, child support, and personal injury compensation, effectively safeguarding the legitimate rights and interests of specific groups. The prosecutor stated that when parents fail to fulfill their guardianship duties in accordance with the law, other eligible entities are allowed by law to apply for revocation of their guardianship rights. In this case, the court revoked the guardianship of Mu Mu's parents in accordance with the law and designated his grandmother as the guardian, strictly following the principle of "maximizing the interests of minors". By supporting the prosecution and promoting judicial rulings to fill the gaps in family guardianship, the procuratorial organs can not only guarantee the survival and development rights of minors with legal rigidity, but also achieve a balance between legal principles and human emotions through the use of kinship guardianship substitution schemes, which is conducive to correcting the deficiencies in family guardianship. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Procuratorial Daily
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