Typical case 1. Lin was disqualified as a guardian. 2. Shao Moumou and Wang Moumou were disqualified as guardians. 3. Yue Moumou was disqualified as a guardian. 4. Xu was disqualified as a guardian. 5. Geng Moumou and Ma Mou were disqualified as guardians. 6. He Moumou was disqualified as a guardian. Zhou was disqualified as a guardian. He moumou was disqualified as a guardian 9. Wang was disqualified as a guardian 10. The case of Lu Moumou's revoked guardian 1 1. Case of Qing Moumou's revoked guardian 12. Wu Moumou was disqualified as a guardian 1, Lin Moumou was disqualified as a guardian (I) Basic case Lin Moumou (female), a villager in Wudian Village, Bangtou Town, Xianyou County, Fujian Province, cut the back and arms of her biological son Xiaolong (a pseudonym) who was only 9 years old with a kitchen knife, and beat Xiaolong's legs with poker, often making Xiaolong starve. From August 20 13 to now, the local town government, village Committee cadres and police stations have repeatedly criticized and educated Lin, but Lin refused to repent. 2065438+2004 65438+ 10, the Putian Municipal Committee of the Communist Youth League, the Municipal Women's Federation and other departments jointly persuaded and educated Lin Moumou, who promised in writing not to beat Xiaolong again, but later Lin Moumou still went his own way. In the early morning of May 29 of the same year, Lin once again cut the back and arm of Xiaolong with a kitchen knife. Therefore, Xianyou County Public Security Bureau imposed administrative detention on Lin for 15 days and imposed a fine of RMB 1000 yuan. /kloc-In June of 0/3, the applicant Wudian Village Committee of Bangtou Town, Xianyou County requested the court to revoke Lin's custody of Xiaolong on the grounds that the long-term abuse of Xiaolong by the respondent had seriously affected Xiaolong's physical and mental health, and appointed Wudian Village Committee as Xiaolong's guardian. During the trial, the court asked Xiaolong's opinion, and Xiaolong said that he did not want to live with Lin Moumou. Second, Shao Moumou and Wang Moumou were disqualified as guardians (I) Basic information Shao Moumou and Wang Moumou gave birth to a daughter in 2004, named Shao. When Shao was less than two years old, they had a conflict because of family chores. Shao took her daughter back to her hometown in Xu Town, tongshan district, Xuzhou City, Jiangsu Province. In later life, Shao Moumou beat and abused his daughter Shao for a long time, causing many serious injuries to his head, face and limbs. 20 13 was sentenced to 11 years' imprisonment and deprived of political rights for one year by the court on 201410. Wang Moumou has never visited Shao since 2006, nor has he paid alimony. After Shao Moumou was taken criminal compulsory measures, Wang Moumou and his family still turned a blind eye to his daughter Shao Moumou, resulting in his displacement and no life. Shao ran away from home because of hunger and was taken in by Zhang Moumou, a kind-hearted man. Shao's parents died in their early years and had no brothers or sisters. Wang has a third-degree physical disability, and his parents, brother and sister have made it clear that they are unwilling to raise Shao. 20 15 15 tongshan district civil affairs bureau received the procuratorial suggestion from tongshan district procuratorate, and filed a special procedure with tongshan district people's court on 17+05 as the applicant, requesting to revoke the guardianship qualification of Shao and Wang. Three. Yue Moumou was disqualified as a guardian (I) Basic facts The applicants Qu Moumou and Zhang Moumou are Qu Moumou's parents. Qu Mouyi married the respondent Yue Moumou (female) and gave birth to children Yue Mouyi (elder sister) and Yue Mouer (younger brother). In 2007, Qu died unexpectedly and Yue left home alone. For many years, Yue Mou Yi and Yue Mou Er lived with two applicants (grandparents). The respondent Yue Moumou has remarried. Applicants Qu Moumou and Zhang Moumou applied to revoke Yue Moumou's guardianship over Yue Mou B and Yue Mou Er, and appointed applicants Qu Moumou and Zhang Moumou as guardians of Yue Mou B and Yue Mou Er, and the respondent Yue Moumou agreed. Four. Case of Xu being disqualified as a guardian (1) The basic case is that Xu was born on 20 10/0,21and was abandoned outside a temple in Wujin District, Changzhou City, Jiangsu Province. He was released by the monks in the temple and brought back to the temple. Because Xu needs to register, he is older and does not meet the adoption conditions. On February 29th, 20 1 165438, Xu was adopted by the monk Xu of the temple and went through the adoption registration procedures. Xu was raised by Xu's sister and brother-in-law, and then sent back to the temple to be cared for by Xu and others in the temple. 2065438+On September 25th, 2004, Xu was sent to Changzhou Children's Welfare Institute, and the temple paid the education fee of 19480 yuan and the food fee for the foster children. After Xu was sent to Changzhou Children's Welfare Institute, Xu did not visit Xu and did not pay Xu's related expenses. Xu moumou suffers from schizencephaly and has not been cured so far. V. Case in which Geng Moumou and Ma Mou were disqualified as guardians (I) Basic case The respondent Geng Moumou and Ma Mou lived together, and both parties gave birth to their son Geng Mouyi in April 2007. Ma has a mental disability, and Geng often beats Geng because of family chores, causing serious physical and mental harm to Geng. Geng Moumou often beat Ma, causing Ma to run away from home and his whereabouts are unknown. When the public security organs were investigating Geng's beating, Geng also ran away from home and his whereabouts were unknown. Geng's grandfather and grandmother both died. Geng's grandpa and grandma have divorced, and they have no contact with grandma. His grandfather has no formal job and is weak, so he can't take the guardianship responsibility as a guardian. Due to the death of his parents, Geng was alone at home. In order to protect the legitimate rights and interests of minors, the community neighborhood committee, the Xingshan District Youth League Committee and the Hegang Youth League Committee sent Geng to the rescue station for vagrants and beggars in hegang, namely the Social Protection Center for Minors in hegang. In order to protect Geng's personal safety, hegang Vagrants and Beggars Rescue Station, as the applicant, filed a lawsuit with Xingshan District People's Court in hegang, demanding that the custody rights of Geng and Ma be revoked. The intransitive verb He Moumou was disqualified as a guardian (I) Basic information The respondent He Moumou is the ex-husband of Ye Moumou and the father of the ward He Mouyi. He Moumou and Ye Moumou have no other children. When they divorced, they agreed that He Moumou would be raised by Ye Moumou. He Mouyi's grandmother has passed away. The applicant Ye Mouyi is He Mouyi's uncle. At about 9 o'clock on April 25th, 2065438/KLOC-0, the respondent He Moumou went to Ye Moumou's home, stabbed Ye Moumou's father and Ye Moumou to death, and stabbed He Moumou. 2065438+On September 26th, 2005, the village committee where He Hukou is located issued a certificate that the applicant Ye Mouyi is beneficial to He's growth. On 20 14 14124, our hospital consulted He Mouyi and agreed that the applicant Ye Mouyi was his guardian. Seven. Case of Zhou's revocation of guardianship (I) Basic facts The applicants Qin Moumou and Zhou Moumou were husband and wife, and Zhou was adopted on1June, 978. 1999 to 2000, due to Zhou's repeated drug abuse and theft of family property, the contradiction between Qin and Zhou intensified. On June, 2000165438+1October, 2/kloc-0, the couple's relationship between Qin, Zhou and Zhou was dissolved through mediation by the People's Court of Changning District, Shanghai. On March 23rd, 2005, Zhou gave birth to a daughter named Zhou. In June 2005, Zhou found Qin and Zhou, hoping to take care of Zhou for a while. However, when the old couple took over the children, Zhou only came to see the children once a year and did not pay alimony. Since February 20 13, Zhou has not visited Zhou Yimi again, and has not fulfilled his duty of support. After several phone calls by Qin Moumou and Zhou Moumou, I still couldn't contact last week. Zhou Yimi is now studying in the fourth grade of a primary school in Shanghai with excellent grades. However, the respondent failed to perform his guardianship duties for weeks and was unable to go to registered permanent residence. During the trial of this case, the court entrusted Changning Workstation of Shanghai Sunshine Community Youth Affairs Center for social care. According to the Social Observer, Zhou was taken care of by two applicants since childhood, and the respondents occasionally went home. I haven't been home for over a year and I haven't contacted Monday. Usually, the applicant Zhou Moumou is responsible for picking up and dropping off Mondays, and often takes Mondays to various amusement places and parks after school. The applicant Qin Moumou is responsible for eating, living and studying on Monday. Zhou made it clear that he would live with two applicants and didn't like Mother's Week. Because Zhou's whereabouts are unknown, Zhou's household registration problem is handled negatively. Zhou's current situation is that he has no household registration, no medical insurance and no identity card, which also increases the economic burden of the two applicants. The Social Guardian suggested that from the perspective of protecting the rights and interests of minors, it is appropriate for two applicants to be Zhou's guardians. Eight. He Moumou was disqualified as a guardian (I) Basic case The respondent He Moumou (female) and the outsider Yang Moumou were originally husband and wife. When the two parties agreed to divorce, it was agreed that the legitimate daughter Yang would live with the respondent He Moumou. From the first half of 20 13 to July of 14, Zhang Moumou, the lover of the respondent He Moumou, repeatedly asked He Moumou to take Yang to a hotel room in Suichang County, knowing that Yang was a young girl under the age of 14, and after He Moumou did Yang's ideological work, he had sex with Yang. On July 3, 20 15, Suichang court sentenced Zhang Moumou to fixed-term imprisonment of 10 for six months and He Moumou to fixed-term imprisonment of 10 for rape. After the incident, Yang lived with his father Yang Moumou. Nine. Case of Wang being disqualified as a guardian (I) Basic case The applicants Yu Moumou and Chen Moumou are the grandfathers and grandmothers of Yu Mouyi, and the outsider Yu Mou and the respondent Wang Mou are the parents of Yu Mouyi. In May 2002, Yu Mou died in a car accident, and Yu Moumou, Chen Moumou, Wang Mou and Yu Mou received compensation for death compensation and other expenses, of which Wang Mou and Yu Mou Yi paid a total of 193897. 19 yuan. Since 2003, the respondent Wang did not live with Yu Yimou, and Yu Yimou's daily life was taken care of by two applicants, and the education and medical expenses were paid by both applicants. On June 25th, 2008, the respondent Wang remarried and divorced on March 25th, 2005. During the trial, the defendant Wang admitted that he had received living expenses and other payments from Yu's original unit. X. Case of Lu Moumou being disqualified as guardian (I) Basic case Lu Moumou is the father of Lu Moumou, knowing that Lu Moumou is under 14 years old and is mentally retarded, he still has sex with him and leads to Lu Moumou's pregnancy. 20 15 12 14, People's Court of Naxi District, Luzhou City, Sichuan Province sentenced Lu Moumou to five years and six months in prison for rape. Now Lu Moumou is serving his sentence in prison. After the criminal case entered the trial stage, the court held that the custody of Lu Moumou should be revoked according to law, so it issued a judicial suggestion to the Naxi District Civil Affairs Bureau of Luzhou City, suggesting that the Naxi District Civil Affairs Bureau of Luzhou City apply for revoking the custody qualification of Lu Moumou. The Civil Affairs Bureau of Naxi District of Luzhou City accepted the judicial advice of the court and applied to the court to revoke the custody of the respondent Lu Moumou. Because Lu's mother Rao suffers from severe mental retardation, Lu's grandparents and grandparents have both passed away. Now only the aunt who can take care of Lu Mouyi is over 60 years old. XI。 Case of Qing Moumou being disqualified as guardian (I) Basic facts The respondent Qing Moumou and Gui Moumou lived together in 1997, and their daughter Qing was born in 1 1, 65438. After Gui Moumou died of illness in 2005, Qing Moumou remarried with Zhong Moumou and divorced on 20 12. Since then, Qing has rented a house with Qing alone. During this period, Qingmou raped Qingmou many times. On February 5, 20 14, 14, the people's court sentenced Qing to 13 years and six months in prison, and now Qing is serving his sentence in prison. Since Qing was detained by the public security organs, Qing has been living alone in low-rent housing, and the Civil Affairs Bureau has given assistance. Twelve. Case of Wu Moumou being disqualified as guardian (I) Basic case Wu Moumou (female) is a vagrant from Guangxi and now lives in qionghai city, Hainan Province. She has no fixed residence and no financial resources. 20 15 On April 25th, Wu alone gave birth to a baby girl in qionghai city Maternal and Child Health Hospital. On the morning of April 26th, Wu Mou left the hospital privately with her children and wandered the streets of Jiaji Town, qionghai city. Qionghai city Public Security Bureau Jiaji Police Station, Jiaji Town Comprehensive Office and Qionghai Rescue Station found Wu Moumou and sent him and his children to qionghai city People's Hospital. Wu Mou was admitted to the Neonatal Department of qionghai city Hospital, but Wu refused to be hospitalized, so he was discharged and disappeared on the same day. 2065438+On May 5, 2005, Wu Mou was discharged from hospital and sent to Jiaji Town Hospital by qionghai city Rescue Station. So far, the nursing fee has been paid by qionghai city Rescue Station. Qionghai city Rescue Station sent a letter of support to Wu's parents while taking care of them. On July 8, 20 15, Wu's parents declared that they were unable to take care of their granddaughter because of their advanced age and financial difficulties. 2065438+On July 22nd, 2005, qionghai city Rescue Station reported to Jiaji Town Police Station in qionghai city that Wu Moumou was summoned to the police station to discuss the issue of raising a baby girl. Wu Moumou made a statement on the spot and voluntarily gave up custody and custody of the child. On August 25th, 20 15, qionghai city Rescue Station filed a lawsuit with the court on August 2nd, 2015 10. Parents are the legal guardians of minor children, so it is natural for them to perform their guardianship duties. Failure to perform guardianship duties is not only irresponsible to children, but also disrespectful to the law, which is a manifestation of weak legal awareness and responsibility awareness. If you encounter similar legal problems in real life, you are welcome to consult online as soon as possible. We have many experienced lawyers to serve you wholeheartedly!
Legal objectivity:
Article 36 of the Civil Law of People's Republic of China (PRC), if a guardian has any of the following circumstances, the people's court shall, upon the application of the relevant individual or organization, revoke his guardianship qualification, arrange necessary temporary guardianship measures, and appoint a guardian according to law according to the principle of being most beneficial to the ward: (1) committing acts that seriously damage the physical and mental health of the ward; (2) Failing to perform guardianship duties, or refusing to entrust part or all of guardianship duties to others, resulting in the ward being in a critical state; (3) Other acts that seriously infringe upon the lawful rights and interests of the ward. The relevant individuals and organizations mentioned in this article include: other persons with guardianship qualifications according to law, residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, organizations for the protection of minors, organizations for the elderly established according to law and civil affairs departments.