The Study On The Custody System Of The Rural Left-behind Children

In 2008, according to statistics of the all-china women's federation, the number of national left-behind children about 58 million, of which 14 years old of the following left-behind children more than 40 million, this is just a conservative data, will also have a rising trend. "Left-behind children" means one or both of their parents work in the city and they were left on the household register locus need someone to take care of minors. Due to the restriction of rural dual economic system and the household registration system restriction, migrant children into town in education, medical treatment, after insurance, lowest life to ensure all aspects can't enjoy ordinary citizens should enjoy treatment.Migrant workers live in social bottom, no stable source of income, considering the economic don't allow, they had to put their children stay census register seat. Parents' away from and the lack of family education, led to left-behind children love loss, learning helpless and inner loneliness. In the practice of a lot of left-behind children infringement cases usually because of the guardian of the rights and obligations are not clear to produce dispute.Recent media reports about the left-behind children also frequently appear, for example, left-behind children commits suicide, drowning drowned death, poisoning, and accident died etc. All of these phenomena shows that rural left-behind children guardianship system still is not perfected, monitoring hiatus phenomenon is still very serious, should be become the focus of the society.The preface of this paper simply introduces the purpose and the significance of the topics and clear the author's writing purpose and the problem of needing to solve. The article is divided into four parts. First define the left-behind children concept and definition and nature of custody. Second to left-behind children custody status and the problems caused is expounded, tries to find out the lack of left-behind children care, and advances some solving monitoring is lacking in the countermeasure and the suggestion, in order to maximize the rights protection left-behind children.The first chapter of this paper gives the definition of unattended children firstly, and then elaborates on the meaning and nature of custody on rural unattended children. Rural unattended children are the ones whom are under the age of eighteen, with either one or both their parents leave the rural hometown to work in cities up to half a year or more. Only with explicit connotation and extension of the concept of unattended children, can we have a more comprehensive investigation and statistics on the overall status, as well as number of unattended children. In addition, as to the characteristics of the custody, there is always being controversy about it from scholars, I have noticed that the statements of some people convey four viewpoints concerning this question: "Guardianship rights", "Guardianship obligation", "Rights and obligations of guardianship" and "Guardianship duties", with comprehensive comparison on advantages and disadvantages of all four points of view, the authors put forward her own viewpoints on the nature of the custody, which provides proof and foundation and make preparation for the following discussion on custody transferring.The second chapter mainly focuses on the type of custody on children left behind in rural areas. With practical inspection and data analysis, it reveals that there are four custody types in the rural areas:Single-parent custody, Grandparents custody, the previous generation custody and the same generation custody. And a variety of custody types were summarized, with the purpose of monitoring the overall macroeconomic custody situation.The third chapter identifies the problems result from the lacking of custody for unattended children and analyzes the causes of the problem. In the absence of parental care, inadequate care commission when the children left without meticulous care in their daily lives, learning with nobody counseling, with no psychological comfort and guidance, personal safety can not be guaranteed, the drowning, car accident, and even suicide would often happen among them. In final analysis, the problems are due to lacking of parental care, deficient of rural care system. Moreover, the irrationality of the National policy also contributed to the lacking of care for rural children left behind, such as the lack of attention and support to the rural economy, urban-rural dual economic structure and residence restrictions, as well as some other unreasonable system haven't been fundamentally resolved.In the fourth chapter, we mainly discuss on how to improve the monitoring system of rural children left behind. Firstly, legislative guidelines for guardianship should be established and which should also keep pace with the times, improve the relevant legislation to provide a legal basis on protecting the legitimate rights and interests of children left behind. Secondly, as to constructing the caring system, we advocate establishing custody transferring system with family, school, community, and nation, four in one to promote the monitoring system, and demonstrate the necessity and feasibility of custody transferring system in China, meanwhile, the author also put forward her ideas on the conditions, content, rights and obligations of the parties. Finally, in order to prevent from the abuse of guardianship or evading the duty of guardianship, it is necessary to develop guardianship monitoring mechanism.