The Legal Protection Of Left-Behind Children’s Living Right

In1990s, the term "left-behind children" which firstly appeared in the domestic reports means at that time the children in their grandparents’custody whose parents have both gone abroad. In the late1990s, with the development of our economy, more an more off-farm workers has surged into the cities, and then the term "left-behind children" has been given a new meaning:the children left in the villages whose one or both parents work in the cities. Because of the policy and institutional factors, the social isolation from the cities of the off-farm workers is still obvious. Therefore, with the group of off-farm worker becoming bigger, more and more children have been left in the villages, and a huge group of left-behind children which is a special phenomenon of Chinese society has come into being. In the recent years, a lot of social problems have derives from the left-behind children group.These problems have attracted much attention from the government and the society, and how to solve them has become an important issue for the academic and moral field. Judging from the documents and investigation reports about the left-behind children, most of the studies are to solve the problems through presenting and uncovering the current situation and problems of the left-behind children group in a macro perspective. This paper chooses living right as the researching point from the micro level instead of from the conventional macro levels such as society, family and school. It picks some typical cases from the real life of the left-behind children to reveal the severe hurt and threat to their living right. It also uncovers the problem of "custody omission" and the deeper-level problem:lack of legal protection of left-behind children’s living right. Then based on the current situation of children rights and interests protection law and legal background, it studies this issue from legislation idea, enforcement and legal consciousness, and then proposes some strategies and measures to protect the living right of the left-behind children.This paper has certain values for us to understand the left-behind children problem comprehensively, to promote the protection of the children’s rights and to realize the equivalence of children’s legal rights and actual rights.