On The Perfection Of China’s Guardianship System Left-behind Children

In recent years,urbanization is accelerating due to the rapid economic development in our country.many people from the countryside move in to cities as migrant workers.But most of them are young people.However,because of the restriction of incomes,school entry requirements,household registration system and many other factors in the cities,this group of young migrant workers can not afford a child staying besides them in the city.They have to leave their children in rural areas,leave them to their older family or to other close relatives.Long-term Parental Separation of family structures lifestyle led to a large-numbers children left in rural areas. As minors, due to the absence of their parents,their safety,education right can not be duly protected even often compromised. Childhood is the golden period of time to develop a person’s psychological character and personality growth and physiological growth. Because of the lack of affection and education guardianship,compared to the usual children, left-behind children often have a lot of negative,extreme, even unbalanced emotion and behavior.This kind of emotion and behavior will cause serious problem in their future life.Therefore guardianship is the key to solve the problems of rural left-behind children.Currently,there are not many research about left behind children in legal profession. but it doesn’t mean that they didn’t recognize the importance of this issue. Legal profession put their research prospective in a wider range, such as the guardianship of minors. Therefore, in China, minors’ guardianship plays an important role in protecting the legal rights and responsibilities of the minors. The completeness of it also relates to whether the left behind children can grow up healthily. China identify the concept of guardianship by enact "General Principles of the Civil Law" in 1986. After 30 years, "General Principles of the Civil Law" is long lag behind the development of modern society.Some regulations are out of the track of modern society and have little influence on the problems of left behind children. Due to the lack of guardianship to the left behind children,the unprotected rights, the absence of public power relief, which lead to a series of severe social problems, including left behind children’s mental blocks, mental illness, suicide, school dropout and other serious criminals.Hence, this paper attempt to study the current situation of the guardianship of the left behind children and analyze the deficiency of the guardianship. At the same time, based on Chinese current conditions, propose relevant suggestions. This paper is comprised of 5 parts.The introduction introduce the background and the meaning of this topic. The main body canbe divided into 3 parts. The first part is about the definition and characteristics of the left behind children, as well as the features of the guardianship. The second part discuss the legislation deficiency about Chinese guardianship. The third part propose several important suggestions which based on the actual condition of China. including to renew the idea of rural left-behind children guardianship system in our country’s legislation and perfect the basic principle of legislation, supervision subject and their responsibilities, improve the entrusted guardianship system,perfect guardianship supervision mechanism, etc.