A Typical Case of the Supreme People's Court's Revocation of Guardian Qualification for Infringement of Minors' Rights and Interests

catalogue

1. Case of Lin's Revocation of Guardian Qualification

2. Case of Shao and Wang being disqualified as guardians

3. Case of Yue being disqualified as a guardian

4. Case of Xu's Revocation of Guardian Qualification

5. Case of Geng and Ma being disqualified as guardians

6. Case of He being disqualified from guardianship

7. Case of Zhou's Revocation of Guardian Qualification

8. Case of He being disqualified from guardianship

9. Case of Wang's Revocation of Guardian Qualification

10. Case of Lu's Revocation of Guardian Qualification

11. Case of Qing being disqualified as a guardian

12. Case of Wu's Revocation of Guardian Qualification

1、 Case of Lin's Revocation of Guardian Qualification

（1） Basic facts of the case

Ms. Lin, a resident of Wudian Village, Bangtou Town, Xianyou County, Fujian Province, has repeatedly used a kitchen knife to cut the back and arms of her 9-year-old biological son, Xiao Long (pseudonym), whipped his legs with tongs, and often starved him. Since August 2013, local town governments, village committee officials, and police officers have repeatedly criticized and educated Lin, but Lin refuses to repent. In January 2014, the Communist Youth League Putian Municipal Committee, Municipal Women's Federation and other departments jointly advised and educated Lin. Lin promised in writing not to beat Bruce Lee again, but Lin continued to do his own thing afterwards. On the early morning of May 29th of the same year, Lin cut Bruce Lee's back and arms again with a kitchen knife. For this reason, the Xianyou County Public Security Bureau detained Lin for 15 days and fined him RMB 1000. On June 13th, the applicant's Wudian Villagers' Committee in Bangtou Town, Xianyou County requested the court to revoke Lin's guardianship of Bruce Lee and designate the Wudian Villagers' Committee as Bruce Lee's guardian, citing that the respondent's long-term abuse of Bruce Lee had seriously affected his physical and mental health. During the court hearing, the court sought the opinion of Xiao Long, who expressed his unwillingness to live with Lin.

（2） Judgment results

After trial, the People's Court of Xianyou County, Fujian Province believes that guardians should fulfill their guardianship duties, protect the physical health of the ward, take care of the ward's life, manage and educate the ward, and fulfill corresponding guardianship duties. The respondent Lin, as the guardian of Bruce Lee, did not adopt the correct methods to educate and guide Bruce Lee. Instead, he used methods such as beating and scolding to mistreat Bruce Lee for a long time. After receiving education from relevant units, he refused to repent and cut Bruce Lee again with a kitchen knife. His behavior has seriously damaged Bruce Lee's physical and mental health, so he is no longer suitable to serve as his guardian. According to the relevant provisions of the Civil Law and the Law on the Protection of Minors, the respondent Lin's guardianship status for Bruce Lee has been revoked; Designate the applicant to serve as the guardian of Xiaolong by the Wudian Village Committee in Bangtou Town, Xianyou County.

（3） Typical significance

Revoking parental guardianship is an important system for the state to protect the legitimate rights and interests of minors. If parents, as the legal guardians of underage children, fail to fulfill their guardianship duties and even engage in abuse, injury, or other harmful behavior towards their children, then having them act as guardians will seriously endanger their physical and mental health. Based on the situation of this case, after the People's Court of Xianyou County accepted it, in accordance with the relevant provisions of the law, in the absence of other close relatives and friends who can serve as guardians, and in accordance with the principle of most conducive to the growth of the ward, the local village committee was designated as the guardian of Xiaolong. After the verdict of this case was pronounced, the hospital also took the initiative to communicate with the Youth League Committee and Women's Federation at the city and county levels to study and solve problems such as the rescue and resettlement of Little Dragon. Considering the specific difficulties faced by the village committee in directly fulfilling their guardianship duties, with the joint efforts of the Youth League Committee, civil affairs departments, and all parties in society, Xiao Long was finally properly placed in SOS Children's Village, effectively safeguarding his legitimate rights and interests. This case provides practical experience and specific protection for the rights and interests of minors in similar situations, as stipulated in the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs on Several Issues Concerning the Legal Treatment of Guardians' Infringement of the Rights and Interests of Minors, which came into effect on January 1, 2015, Provided demonstration samples.

2、 Case of Shao and Wang being disqualified as guardians

（1） Basic facts of the case

Shao and Wang gave birth to a daughter in 2004, named Shao. When Shao was not yet two years old, the two had conflicts due to family matters. Shao alone brought his daughter back to his hometown of Daxu Town, Tongshan District, Xuzhou City, Jiangsu Province to live. In his later life, Shao beat and abused his daughter Shao for a long time, causing severe injuries to her head, face, limbs, and other areas. In 2013, he was sentenced to eleven years in prison and one year of deprivation of political rights by the court on October 10, 2014 for raping and molesting his daughter Shao. Wang has never visited Shao since 2006 and has not paid any maintenance fees. After Shao was subjected to criminal coercive measures, Wang and his family still ignored their daughter Shao, causing her to be displaced and have no means of living. Shao left home due to hunger and was taken in by a kind-hearted person named Zhang. Shao's parents died in an early age, without brothers and sisters. Wang has a third degree physical disability, and his parents, younger brother, and sister have clearly expressed their unwillingness to support Shao. In January 2015, the Civil Affairs Bureau of Tongshan District received a procuratorial recommendation from the Tongshan District Procuratorate, and on January 7, as an applicant, filed a special procedure with the Tongshan District People's Court requesting the revocation of the guardianship qualifications of Shao and Wang.

（2） Judgment results

The People's Court of Tongshan District, Xuzhou City, Jiangsu Province ruled: 1. Revoke the respondent's guardianship of Shao. 2. Revoke the respondent Wang's custody of Shao. 3. Appoint the Civil Affairs Bureau of Tongshan District, Xuzhou City as the guardian of Shao.

（3） Typical significance

Through the trial of this case, it was determined that when parents refuse to fulfill their guardianship responsibilities or infringe on the legitimate rights and interests of the ward, the Civil Affairs Bureau, as a social security institution, has the right to apply for the revocation of parents' guardianship rights, breaking the outdated concept that "child abuse is a family matter", and allowing minors who have been injured by family members to receive judicial relief. In the situation where other close relatives of minors are unable, unwilling, or unsuitable for guardianship, and the guardianship ability of temporary caregivers is limited, the Civil Affairs Bureau is judged to fulfill the guardianship responsibility with a national obligation, designating them as guardians of minors, making a bold attempt to explore and establish a national guardianship system. The innovative approach in the trial of this case is to activate the guardianship revocation system to make it actionable, clarifying that civil affairs departments and other units are among the "relevant units", making the revocation of guardianship litigation practical and operational; 2、 The introduction of a designated temporary caregiver system, which designates temporary caregivers for minors after the case is accepted, not only ensures the stability of minors' lives during the trial process, but also facilitates minors as victims to express their wishes and participate in the trial; 3、 Introduce a social observation and protection system. During the trial of cases, the court entrusts the Women's Federation, Youth League Committee, and youth rights protection institutions to observe and protect the injured minors, understand the degree of infringement, current living status, family situation, and the selection of a separate guardian, and provide reference for court judgments; 4、 Strengthen the privacy protection of minors, and use remote video and back to back camera methods during the trial to allow Shao to appear in court, seeking a balance between privacy protection of the victim girl and full expression of her will. Number the judgment documents, and when serving the judgment documents to the parties, serve the "Notice on the Protection of Minors' Privacy", informing them not to copy or disseminate the documents without authorization. After the trial is concluded, all file materials will be sealed to maximize the protection of the victim's privacy and ensure their healthy growth after a separate guardian is appointed.

3、 Case of Yue being disqualified as a guardian

（1） Basic facts of the case

The applicants Qu and Zhang are the parents of Qu. Qu and the respondent Yue gave birth to children Yue Yi (sister) and Yue Er (younger brother) after marriage. In 2007, Qu died unexpectedly and Yue left home alone. For many years, Yue Yi and Yue Er have lived together with two applicants (grandparents). The respondent Yue has remarried. Applicants Qu and Zhang applied to revoke Yue's guardianship over Yue Yi and Yue Er, and designated them as guardians of Yue Yi and Yue Er. The respondent Yue agreed.

（2） Judgment results

After trial, the People's Court of Xingping City, Shaanxi Province believes that the guardian should fulfill their guardianship duties and protect the person, property, and other legitimate rights and interests of the ward. The respondent, Yue, failed to fulfill the obligations of raising, caring for, educating, and managing their children Yue Yi and Yue Er after their husband's death. The respondent Yue agrees to the application of the applicants Qu and Zhang, and Yue Yi and Yue Er have been living together with the applicants Qu and Zhang (grandparents) and have been raised by the applicants until now. Therefore, we support the claims of the two applicants.

（3） Typical significance

As the legal guardians of minors, parents should fulfill their legal guardianship duties. In this case, the respondent, as the mother of a minor, did not fulfill her guardianship duties for the child for a long time, and instead, the grandparents of the minor actually carried out guardianship obligations such as upbringing and care. Changing guardians to grandparents of minors is not only in line with the actual guardianship situation, but also in line with the wishes of all stakeholders, including the respondent, and in line with the legislative intent of protecting minors. In practice, the phenomenon of grandparents raising left behind children such as grandchildren is becoming increasingly common. In cases where parents as legal guardians fail or cannot fulfill their guardianship duties, granting grandparents guardianship status is beneficial for stabilizing family relationships and social order, promoting the protection of the rights and interests of minors, which is also the typical significance of this case.

4、 Case of Xu's Revocation of Guardian Qualification

（1） Basic facts of the case

Xu was born on February 21, 2010 and was abandoned outside a temple in Wujin District, Changzhou City, Jiangsu Province. He was carried back to the temple by Buddhist monk Shi. Due to Xu's need for household registration, Shi is older and does not meet the adoption requirements. On December 29, 2011, Xu was adopted by a monk from the temple, Xu, and the adoption registration procedures were completed. Xu was first taken care of by Xu's sister and brother-in-law, and later sent back to the temple to be taken care of by Xu and other personnel in the temple. On September 25, 2014, Xu was sent to Changzhou Children's Welfare Institute, and the temple paid a total of 19480 yuan for childcare and education expenses, as well as food expenses for foster children. After Xu was sent to Changzhou Children's Welfare Home, Xu did not visit Xu or pay any related fees. Xu suffers from cerebral cleft deformity and has not been cured yet.

（2） Judgment results

The People's Court of Tianning District, Changzhou City, Jiangsu Province believes that if a guardian fails to fulfill their guardianship duties or infringes on the legitimate rights and interests of the ward, they should bear the responsibility. The People's Court may revoke the guardian's qualification based on the application of relevant personnel or units. Xu's biological parents are unknown and he suffers from cerebral cleft disorder. On September 25, 2014, Xu was sent from a certain temple to the Changzhou Children's Welfare Institute for custody until now. During this period, Xu did not fulfill his guardianship duties for a long time, and during the trial, it was also clearly stated that he did not have the ability to raise or supervise Xu. The applicant Changzhou Children's Welfare Institute is willing to serve as the guardian of Xu and has actually fulfilled his guardianship duties since September 25, 2014. Therefore, the applicant Changzhou Children's Welfare Institute applies to revoke the guardianship qualification of the respondent Xu, and the applicant serves as Xu's guardian, which meets legal requirements and should be supported. Judgment: 1. Revoke the respondent's guardianship of Xu. 2、 Designate Changzhou Children's Welfare Institute as the guardian of Xu. This judgment is final and has now come into effect.

（3） Typical significance

This case is a case of revoking guardianship formed due to adoption. Negative inaction that fails to fulfill guardianship duties, resulting in infringement of the physical and mental health of minors, should also be recognized as guardianship infringement. Xu and Xu became guardians through an adoption relationship, but in reality, Xu has been taken care of by multiple people in rotation. Xu suffers from cerebral palsy and is unable to undergo surgery due to Xu's negligence in exercising his guardianship duties, which has seriously affected Xu's healthy growth. After Xu was sent to Changzhou Children's Welfare Home, Xu did not visit Xu and did not pay any related fees, His failure to fulfill his guardianship duties constitutes an infringement on Xu. Xu is only five years old and suffers from cerebral fissure malformation, making it impossible to actively protect his own rights. He is an abandoned baby, and the situation of his biological parents and close relatives cannot be determined. Changzhou Children's Welfare Institute, as a minor assistance and protection institution established by the civil affairs department, has raised and taken care of Xu, and has actually assumed guardianship responsibilities. The application submitted by him as the applicant is in accordance with legal provisions, reflecting the supplement and protection of the national guardianship system for the rights and interests of minors. The appointment of him as Xu's guardian is also in line with the principle of maximizing the interests of minors and the actual situation of this case.

5、 Case of Geng and Ma being disqualified as guardians

（1） Basic facts of the case

The respondent, Geng and Ma, are cohabiting and gave birth to their son, Geng, in April 2007. Ma has an intellectual disability, and Geng often beats him due to family chores, causing serious physical and mental harm to him. Geng often assaulted Ma, causing him to run away from home and his whereabouts unknown. When the public security organs investigated Geng being beaten, Geng also ran away from home and his whereabouts were unknown. Both Geng's grandfather and grandmother have passed away. Geng's grandfather and grandmother have divorced and have no contact with their grandmother. Their grandfather has no formal job and is weak and sickly, unable to assume guardianship responsibilities as guardians. Due to both parents leaving, Geng was alone at home. In order to protect the legitimate rights and interests of minors, the community neighborhood committee, Xingshan Youth League Committee, and Hegang City Youth League Committee sent Geng to the Hegang City Wandering and Begging Aid Station, also known as the Hegang City Youth Social Protection Center. In order to protect the personal safety of Geng Mouyi, the Hegang City Wandering and Beggar Rescue Station, as the applicant, filed a lawsuit with the Xingshan District People's Court in Hegang City to revoke the guardianship rights of Geng Mouyi and Ma Mouyi.

（2） Judgment results

After trial, the Xingshan District People's Court in Hegang City, Heilongjiang Province found that Geng often assaulted him, causing serious physical and mental harm, and he is no longer able to continue to bear the responsibility of guardianship. Although Ma is the mother of Geng, as a person with limited civil capacity, he has no independent living ability and is unable to continue to bear guardianship responsibility. All other close relatives of Geng are unable to serve as guardians of Geng. The Xingshan District People's Court of Hegang City conducted a trial in absentia in accordance with legal provisions, and ruled to revoke the guardianship qualifications of the respondent, Geng and Ma. Designate the Hegang Civil Affairs Bureau as the guardian of Geng, and the Hegang Children's Welfare Institute affiliated with the Hegang Civil Affairs Bureau shall assume the guardianship responsibility for Geng.

（3） Typical significance

This case is a typical case of revoking guardianship. Although Chinese law provides for the revocation of guardianship, there are very few cases of revocation in real life. The biggest highlight of this case during the trial is that in order to maximize the interests of minors, the Civil Affairs Bureau was designated as the guardian in accordance with the law, while the Children's Welfare Institute affiliated with the Civil Affairs Bureau assumed the guardianship responsibility. At present, children's welfare institutions in China have received high attention from the state. Their residential, educational facilities, and personnel are relatively complete, which is more conducive to the healthy growth of minors. At the same time, it also solves the life and education problems of minors after deprivation of guardianship.

6、 Case of He being disqualified as a guardian

（1） Basic facts of the case

The respondent He is the father of Ye's ex husband and the guardian He. He and Ye have no other children, and when they divorced, they agreed that He would be raised by Ye. He Mouyi's grandmother has passed away. The applicant Ye is the uncle of He. At around 19:00 on April 25, 2015, the respondent He went to Ye's house and stabbed Ye's father and Ye to death, while stabbing He. On September 26, 2015, the village committee where He's registered residence is located issued a certificate, believing that the applicant Ye Mouyi acted as the guardian of Why is beneficial to He's growth. The court consulted with He Mouyi on October 24, 2014, and he agreed to have the applicant Ye Mouyi as its guardian.

（2） Judgment results

After trial, the People's Court of Leqing City, Zhejiang Province believes that the guardian should fulfill their guardianship duties towards the ward. If the guardian is violently injured or seriously harms the physical and mental health of the ward, the court may revoke their guardianship qualification. In this case, the respondent He stabbed and killed He's grandfather and mother, and injured He, seriously damaging He's physical and mental health. The applicant Ye Yi's uncle's application for revocation of He's guardianship qualification should be supported. Having the applicant Ye Yi as He's guardian is more conducive to He's psychological shadow and healthy growth. According to relevant laws and regulations, the judgment revokes the guardian qualification of the respondent He, and designates the applicant Ye as the guardian of He. The judgment has now taken legal effect.

（3） Typical significance

This case is a typical case where a father intentionally harms his child and his guardianship is revoked. Parents, as the legal guardians of their children, should have protected the physical health and taken care of the ward's life. However, the respondent, He, stabbed the ward He seriously (level 2), which is heartbreaking. The court, in accordance with relevant laws and regulations, revoked the qualification of the respondent He as He's guardian, fully safeguarding the legitimate rights and interests of minors. During the trial, the court fully considered the wishes of He and the opinions of the village committee where He's registered residence is located. From the perspective of helping He get out of his mental shadow and grow healthily, the court appointed his uncle Ye as his guardian.

7、 Case of Zhou's Revocation of Guardian Qualification

（1） Basic facts of the case

The applicants Qin and Zhou are married and adopted in June 1978. From 1999 to 2000, the conflict between Qin and Zhou intensified due to Zhou's repeated drug use and theft of family property. On November 21, 2000, the relationship between Qin, Zhou, and Zhou's foster parents and daughter was terminated through mediation presided over by the Changning District People's Court in Shanghai. On March 23, 2005, Zhou gave birth to a daughter outside of wedlock, named Zhou Yi. In June 2005, Zhou approached Qin and Zhou, hoping to temporarily take care of Zhou. But when the old couple took over the child, Zhou only came to visit the child occasionally every year and did not pay any maintenance fees. Since February 2013, Zhou has not visited Zhou Yi again and has not fulfilled his upbringing obligations. Despite multiple phone calls from Qin and Zhou, Zhou cannot be reached. Zhou is currently studying in Grade 4 of a primary school in Shanghai, with good results, but the respondent Zhou failed to apply for registered residence because he failed to perform his guardianship duties.

During the trial of this case, the court entrusted Changning Workstation of Shanghai Sunshine Community Youth Affairs Center to provide social protection. The social caregiver reported that Zhou was taken care of by two applicants since childhood, and the respondent occasionally returned home once. I haven't returned home or contacted Zhou for over a year now. Normally, the applicant Zhou is responsible for picking up and dropping off Zhou Yi. After class, he often takes Zhou Yi to various amusement places and parks. The applicant Qin is responsible for Zhou Yi's daily life and study. Zhou clearly expressed his desire to live with the two applicants and did not like his mother Zhou. Because Zhou's whereabouts are unknown and Zhou's registered residence registration problem has been handled passively, Zhou is currently in the situation of no registered residence registration, no medical insurance and no ID card, which also increases the financial burden of the two applicants. The social guardian suggests that starting from protecting the rights and interests of minors, it is advisable for two applicants to serve as guardians of Zhou.

（2） Judgment results

After trial, the Changning District People's Court of Shanghai found that although the two applicants are elderly and have no legal relationship or obligation to support the minor Zhou Yi, they have raised Zhou Yi for a long time due to their care for the minor. With the consent of the local residents' committee, they have applied to the People's Court to revoke Zhou's guardianship qualification. In the case where Zhou's biological father is not yet clear, the biological mother Zhou, as the only legal guardian, does not personally fulfill the obligation of raising Zhou, does not bear the cost of raising, and fails to effectively fulfill the obligation of raising minors. Therefore, she is no longer suitable to serve as Zhou's guardian. Given that the two applicants have been raising Zhou Yi for a long time and have the ability to support him, forming a close relationship between the two parties, and relevant evidence also indicates that the minor Zhou Yi grew up well under the care of the two applicants, with excellent academic performance, it can be considered that the two applicants have the qualifications and conditions to guardianship Zhou Yi. Judgment: 1. Revoke the defendant Zhou's guardianship status. 2、 Change applicants Qin and Zhou as guardians of Zhou.

（3） Typical significance

This case is the first in Shanghai where a guardian's guardianship has been revoked due to their failure to fulfill their obligation to support them. The inspiration from this case is that it is not only the abuse of underage children that will result in legal sanctions. If a guardian fails to fulfill their obligation to support them for a long time, they will also be deprived of their guardianship, and the state or others will exercise their guardianship on their behalf. Children are not the private property of their parents, they are the future of the country. Once it is discovered that the rights and interests of minors have been violated, citizens have the obligation to report, which will gradually reduce the phenomenon of infringement of minors' rights and interests.

8、 Case of He being disqualified as a guardian

（1） Basic facts of the case

The respondent, Mr. He (female), and the outsider, Mr. Yang, were originally married. When both parties agreed to divorce, they agreed that their legitimate daughter, Mr. Yang, would live together with the respondent, Mr. He. During the period from the first half of 2013 to July 13, 2014, Zhang, the lover of the respondent He, had multiple requests from He to bring Yang to a hotel room in Suichang County, knowing that Yang was a daughter under the age of fourteen. After doing Yang's ideological work, He had sexual intercourse with Yang. On July 3, 2015, the Suichang court sentenced Zhang to ten years and six months in prison and He to ten years in prison for the crime of rape. After the incident, Yang lived together with his father Yang.

（2） Judgment results

After trial, the People's Court of Suichang County, Zhejiang Province believes that the guardian should fulfill their guardianship duties and protect the person, property, and other legitimate rights and interests of the ward. In this case, the respondent He disregarded ethics and morality, disregarded the law, and assisted others in sexually assaulting the ward, seriously damaging the physical and mental health of the ward. In order to safeguard the legitimate rights and interests of the respondent, in accordance with relevant laws and regulations, the respondent He's guardianship qualification as Yang has been revoked. The judgment has taken legal effect.

（3） Typical significance

From both ethical and legal perspectives, parents should make every effort to manage and educate their underage children, take good care of their lives, and protect their physical and mental health and safety. The respondent of this case, He, as Yang's biological mother, assisted others in sexually assaulting Yang, which is contrary to ethical ethics and violates the provisions of criminal law, seriously damaging the physical and mental health of the guardian Yang. After the Suichang County People's Procuratorate informed Yang's father that he could apply for revocation of his guardianship, Yang did not file a lawsuit. The Suichang County Civil Affairs Bureau, on the recommendation of the procuratorial organ, sued the court to revoke He's guardianship, fully reflecting the joint efforts of the judicial and administrative organs to stop guardianship infringement and safeguard the legitimate rights and interests of minors.

9、 Case of Wang's Revocation of Guardian Qualification

（1） Basic facts of the case

Applicants Yu and Chen are the grandparents of the guardian Yu, while outsiders Yu and the respondent Wang are the parents of Yu. In May 2002, Yu died in a car accident, and Yu, Chen, Wang, and Yu were compensated for death compensation fees and other expenses. The total amount of compensation paid to Wang and Yu was 193897.19 yuan. Since 2003, the respondent Wang has not lived with Yu, and Yu's daily life is taken care of by both applicants. Education, medical and other expenses are paid by both applicants. On January 25, 2008, the respondent Wang remarried and divorced on March 11, 2015. During the trial, the respondent Wang claimed to have received living expenses and other payments from Yu's previous employer.

（2） Judgment results

After trial, the People's Court of Yiwu City, Zhejiang Province believes that parents, as guardians of minors, should fulfill their guardianship duties and protect the personal, property, and other legitimate rights and interests of the ward. If the guardian fails to fulfill their guardianship duties or infringes on the lawful rights and interests of the ward, they should bear the responsibility. The respondent Wang in this case admitted that since 2003, Yu and the two applicants have been living together. Yu's education, medical and other expenses have been paid by the two applicants, and he has received living expenses and other funds belonging to Yu for other purposes. It can be concluded that the respondent Wang, as the guardian of Yu, has not fulfilled his guardianship duties and infringed on the legitimate rights and interests of the respondent Yu. The applicants, Yu and Chen, have long-term care and guardianship abilities. From the perspective of benefiting Yu's learning and life, and in accordance with relevant laws and regulations, the defendant Wang's guardianship qualification for Yu is revoked, and the applicants, Yu and Chen, are designated as Yu's guardians. The judgment has taken legal effect.

（3） Typical significance

This case is a typical case where a guardian neglects to fulfill their guardianship duties and infringes on the legitimate rights and interests of the ward. The respondent Wang has not lived with the guardian Yu for a long time, has not fulfilled his responsibilities in raising and educating him, and has misappropriated the living expenses and other funds belonging to Yu for other purposes, violating the property rights of the guardian. During the trial, the court visited the community, school, and father's former unit where the defendant, Yu Yi, was located to understand the defendant's living conditions. It also consulted with the defendant, Yu Yi, who stated that he had not seen the defendant for many years and was willing to live with his grandparents. Based on the facts of this case and from the perspective of benefiting Yu's life and studies, the court has ruled to revoke Wang's guardianship status as Yu.

10、 Case of Lu's Revocation of Guardian Qualification

（1） Basic facts of the case

Lu is the father of Lu, who knowingly had sexual intercourse with Lu under the age of 14 and had delayed mental development, leading to his pregnancy. On December 14, 2015, the People's Court of Naxi District, Luzhou City, Sichuan Province sentenced Lu to five years and six months in prison for the crime of rape. Lu is currently serving his sentence in prison. After the criminal case entered the trial stage, the court believed that Lu's guardianship should be revoked in accordance with the law. Therefore, it issued a judicial recommendation to the Civil Affairs Bureau of Naxi District, Luzhou City, recommending that the Civil Affairs Bureau of Naxi District apply for the revocation of Lu's guardianship qualification. The Civil Affairs Bureau of Naxi District, Luzhou City has accepted the judicial advice of the court and applied to the court to revoke the custody of the respondent Lu. Due to Lu's mother Rao suffering from severe mental retardation, both Lu's grandparents and maternal grandparents have passed away. Now only the aunt who can take care of Lu Mouyi is in her 60s.

（2） Judgment results

After trial, the People's Court of Naxi District, Luzhou City, Sichuan Province found that the respondent Lu, as the guardian of Lu Yi, sexually assaulted the respondent Lu Yi, seriously damaging his physical and mental health, and is no longer suitable to serve as the guardian of Lu Yi. Therefore, the applicant's application from the Civil Affairs Bureau of Naxi District, Luzhou City is supported in accordance with the law. Due to Lu's mother suffering from severe mental retardation and having no independent living ability, she was unable to fulfill her guardianship responsibilities. Her grandparents and maternal grandparents have both passed away, and her sister is a minor without guardianship ability. In addition, considering the economic conditions and physical condition of Lu's other relatives, it is not suitable to serve as Lu's guardian. In accordance with the relevant provisions of the General Principles of the Civil Law of the People's Republic of China and the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs on Several Issues Concerning the Legal Treatment of Guardian Violations of the Rights and Interests of Minors, According to the law, the respondent Lu's guardianship qualification for Lu was revoked, and the Civil Affairs Bureau of Naxi District, Luzhou City was designated as Lu's guardian. After the verdict was pronounced, there was no appeal in this case, and the verdict has taken legal effect.

（3） Typical significance

In recent years, incidents of guardians infringing on the rights and interests of minors have occurred frequently, causing serious harm to the physical and mental health of minors, which has attracted widespread attention from all sectors of society. In order to safeguard the legitimate rights and interests of minors, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs have issued "Opinions", which make clear provisions for handling violations committed by guardians and further strengthen the judicial and administrative protection of minors. Among them, it is clearly stipulated that there are seven situations such as sexual assault on minors, and the court can revoke the guardian's qualification by ruling, and grant civil affairs departments and others the right to apply for revocation of the guardian's qualification and appoint the court as the guardian in accordance with the law. This case is a typical case where the civil affairs department applied to revoke the guardianship of the biological parents of minors. The court revoked the guardianship qualification of the biological father in accordance with the law, designated the civil affairs department as the guardian, and actively coordinated the placement and assistance of them, maximizing the legal rights and interests of minors, winning high social evaluation, and providing a judicial sample for reference in handling this type of case.

11、 Case of Qing's Revocation of Guardian Qualification

（1） Basic facts of the case

The respondent Qing and Gui lived together in 1997, and their daughter Qing was born on August 11, 1999. After Gui passed away due to illness in 2005, Qing and Zhong remarried and divorced in 2012. Afterwards, Qing took Qing to live in a rented house alone. During this period, Qing raped Qing multiple times. On December 5, 2014, the People's Court sentenced Qing to thirteen years and six months in prison, and now Qing is serving his sentence in prison. Since Qing was detained by the public security organs, he has been living alone in a low-rent house and receiving assistance from the Civil Affairs Bureau.

（2） Judgment results

After trial, the People's Court of Lichuan City, Hubei Province found that the respondent, Qing, had sexually assaulted his daughter, Qing, and seriously infringed on the rights and interests of the guardian. In accordance with Article 35 (1) of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs on Dealing with Several Issues Concerning the Violations of the Rights and Interests of Minors by Guardians in accordance with the Law, the guardianship of the respondent, Qing, should be revoked in accordance with the law.

At the same time, the court believes that the applicant, the Lichuan Municipal Civil Affairs Bureau, as a national agency responsible for fulfilling social security responsibilities, promptly treated Qing as an orphan for assistance after receiving a written recommendation from the Lichuan Municipal People's Procuratorate, and applied to the court to revoke the respondent Qing's guardianship over Qing, voluntarily assuming the guardianship responsibility for Qing. This can not only provide economic security for Qing's future life, but also coordinate with relevant departments to solve a series of problems such as Qing's education, medical treatment, and psychological counseling. Starting from the principle of "special" and "priority" protection for minors and the principle of the best interests of minors, obtaining the guardianship of Qing by the applicant Lichuan Municipal Civil Affairs Bureau is more conducive to protecting Qing's rights to survival, education, medical security, and physical and mental health. According to relevant provisions such as the Civil Law and the Law on the Protection of Minors, the judgment is: 1. Revoke the respondent's guardianship of Qing. 2、 Designate the Lichuan Civil Affairs Bureau as the guardian of Qing. The judgment has taken legal effect.

（3） Typical significance

This case is a case where a guardian has been applied for revocation of guardianship after sexually assaulting their biological daughter. Its typical significance lies in the court's extension of the trial of the case by providing assistance and assistance to the minors involved, which has protected their healthy growth and achieved good social results. In such cases, the ward's physical, psychological, and family relationships are disrupted due to infringement, often filled with despair for future life, making it difficult for them to rebuild confidence and restore social relationships. After the victim of this case was victimized, he had two instances of suicide. After the verdict was pronounced, the court always prioritized building the victim's confidence in their new life and saving their future and destiny, and the investigating judge actively intervened in the assistance and assistance work for the victim. Since 2014, the court has applied for an additional 5000 yuan in judicial assistance annually, which not only solves the economic difficulties of the victims, but also continuously guides them psychologically, cares about their daily lives, and encourages them to learn through education. Gradually, the victims are able to overcome their psychological shadow and return to school. Nowadays, Qing is hardworking in his studies, achieving excellent results, and has been elected as a cadre of the school's student union.

12、 Case of Wu's Revocation of Guardian Qualification

（1） Basic facts of the case

Wu (female) is a wandering person from Guangxi who comes to Qionghai City, Hainan Province. She does not have a fixed residence and no source of income in Hainan Province. On April 25, 2015, Wu was single and gave birth to a baby girl named Wu at the Qionghai Maternal and Child Health Hospital. On the morning of April 26th, Wu, with his child, was discharged from the hospital without permission and wandered in the streets of Jiaji Town, Qionghai City, Hainan Province. Personnel from the Jiaji Police Station of the Qionghai Public Security Bureau, the Jiaji Town Comprehensive Office, and the Qionghai Rescue Station found Wu and sent him and his child to the Qionghai People's Hospital. Wu was admitted to the neonatal department of the Qionghai Hospital, but Wu refused to be hospitalized and left the hospital on his own without any trace. On May 5, 2015, Wu was discharged from the hospital and handed over to the Qionghai Rescue Station to be taken to the Jiaji Town Hospital for upbringing. The upbringing expenses have been paid by the Qionghai Rescue Station. During the upbringing period, the rescue station in Qionghai City sent a letter of upbringing to Wu's father and mother. Wu's parents declared on July 8, 2015 that due to their advanced age and financial difficulties, they were unable to support their granddaughter (Wu) and voluntarily gave up their right to upbringing. On July 22, 2015, the rescue station in Qionghai City reported to the Jiaji Town Police Station in Qionghai City to summon Wu to the police station in accordance with the law to discuss the matter of raising a girl baby. Wu made a statement on the spot voluntarily giving up the child's custody and custody rights. On August 25, 2015, the Qionghai Rescue Station sued the court on November 2, 2015.

（2） Judgment results

After trial, the People's Court of Qionghai City, Hainan Province found that Wu was a homeless person with no source of livelihood and financial difficulties. Although he was the mother of the child, he did not fulfill his responsibility to take care of the child, and even abandoned the child in the hospital and left without permission. After the children are discharged, they are all raised by the rescue station in Qionghai City. Wu's parents also expressed that due to financial difficulties, they were unable to raise their children and gave up their custody rights. The father of the child doesn't know anyone. In order to promote the health and growth of children, in accordance with Article 16 of the General Principles of the Civil Law of the People's Republic of China, the respondent Wu's guardianship qualification for Wu has been revoked, and the applicant Qionghai City Wandering and Begging Aid Management Station has been designated as Wu's guardian.

（3） Typical significance

From the situation of this case, Wu, as Wu's mother, is Wu's first guardian. However, Wu has been wandering for a long time without a fixed residence or source of income, and is unable to assume the responsibility of guardianship of the child. After the birth of the child, Wu did not assume the obligation to raise the child. The child has been handed over to the Qionghai Rescue Station for custody. During the mediation and court hearing at the Jiaji Town Police Station in Qionghai City, he explicitly declared that he voluntarily renounced his child's custody and custody rights. Based on the need to protect the life and healthy growth of female infants, the Qionghai Rescue Station has filed a lawsuit to revoke guardianship in accordance with the law. The Qionghai People's Court revoked Wu's guardianship qualification in accordance with Article 35 of the "Opinions on Dealing with Several Issues Concerning Guardians' Infringement of Minors' Rights and Interests in accordance with the Law" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs, Designate the applicant Qionghai City Wandering and Beggar Rescue Management Station as the guardian of Wu. The judgment highlights the concept of protecting minors by the state, and also provides a model for civil affairs departments and people's courts to fulfill their national guardianship responsibilities for minors in accordance with the law.