Study On The Contract System Of Entrusted Guardianship For Children Left Behind In Rural Areas

During the period of social transformation,the further development of industrialization and urbanization has led to a large-scale flow of rural labor to cities,which has produced a special group of left-behind children in rural areas.Long-term separation of parents and children and incomplete family structure have caused the phenomenon of weak guardianship and lack of guardianship of left-behind children in rural areas,which has caused great harm to the physical and mental health of left-behind children in rural areas,and even threatened the survival and health of Left-behind children,and increased social instability factors.If such problems can not be solved,the left-behind children in rural areas can not grow up healthily,and the society can not get stable,sustainable and healthy development.The main mode of guardianship of left-behind children in rural areas in China is that parents entrust others orally to perform the guardianship of Left-behind children.When the legitimate rights and interests of left-behind children are infringed,there is no specific legal basis for safeguarding their rights.The General Principles of Civil Law have perfected the minor guardianship system in the General Principles of Civil Law and made new provisions on the minor guardianship system,but there are still many shortcomings.The main manifestation is that the principle is too strong,the rights and obligations of the parties are not specified,the operability is not strong,the protection of left-behind children is lack of pertinence,and the protection is not strong.By sorting out the situation of guardianship of left-behind children in rural areas,we can find that the guardianship system and entrusted guardianship system are imperfect,and the guardianship system of minors is absent.Drawing on the experience of foreign minor guardianship system,China should improve the guardianship system,perfect the minor guardianship system by signing the entrusted guardianship contract,and clarify the rights and obligations of the trustee and the trustee.The trustee has the right to receive the corresponding remuneration.At the same time,the trustee should also fulfill the duty of caring for the daily life of the guardian,educating and restraining the behavior of the guardian.When the trustee loses the guardianship ability,the entrusted guardianship relationship will terminate naturally.During the period of entrusted guardianship,the legal guardian of the left-behind children bears the main guardianship responsibility.When the trustee fails to fulfill the obligations stipulated in the contract,the liability for tort without fault shall be applied.By defining the rights and obligations of the parties and the main responsibilities,we can establish the entrusted guardianship contract system,so as to protect the legitimate rights and interests of the left-behind children and promote their healthy growth.