A Research On Legal Protection For The Rights And Interests Of Stay-at-home Children In Rural Areas Of B City,guizhou Province

With the development of society and the acceleration of urbanization,a large number of rural surplus labor force to the city.Affected by the dual mechanism of urban and rural areas,compared with urban residents,there are insufficient social security resources such as medical resources and education resources for migrant workers in cities.At the same time,due to objective factors such as the nature of work,migrant workers are often unable to take their children out for work or have no time to take care of them.Therefore,migrant workers generally choose to leave their children in the countryside to be looked after by others,resulting in a large number of left-behind children.B city is an underdeveloped region in western guizhou province with a large rural population.Therefore,the legal protection of the rights to survival,development,education and other rights of left-behind children is prominent and has strong representativeness.In view of this,this paper USES field investigation,in-depth interview,literature analysis and other research methods to explore the legal protection of the rights and interests of rural left-behind children in B city,and makes a comparison of the relevant national situation.Through field investigation,it is found that the protection of the right to survival and development,right to education,right to protection and right to participation of rural left-behind children in B city is not ideal enough,and there are legal dilemmas such as the need to improve relevant laws and regulations,insufficient administrative and social protection,and insufficient family protection.Due to lack of special laws for protection of the rights and interests of rural left-behind children,existing education laws and regulations lack of pertinence,guardianship law system is not enough refining,prevention of minor crime related laws and regulations of the operational is not strong,make the "laws" of legislation is difficult to give full play tothe function,the corresponding social practice and the applicable law lacks a clear direction and operability.We need to implement relevant laws and regulations,fully protect the rights and interests of left-behind children in rural areas,and overcome the difficulties of insufficient administrative and social forces.We need to address the problems of insufficient administrative and social forces,biased priorities in schools,and insufficient participation of mass organizations.In addition,the long-term absence of parents leads to the weakening of family protection for left-behind children in rural areas,and the failure of parents to fully fulfill their statutory guardianship responsibilities,leading to the problems of abandonment and ineffective entrusted guardianship.Undoubtedly,it is imperative to strengthen the legal protection of the rights and interests of rural left-behind children.In view of this,the following measures can be taken to strengthen the legal protection of the rights and interests of rural left-behind children.This measure can be realized by strengthening the parents’ sense of family responsibility,clarifying the guardianship responsibilities of the guardians and bringing the entrusted guardianship into the legal track.Second,it highlights the dominance of state protection.It means that we need to improve legislation and improve the level of administrative law enforcement and judicial relief.Third,promote social participation.First of all,a series of laws,regulations,rules and normative documents aimed at revitalizing the vast rural areas,flourishing the local economy,providing jobs,promoting migrant workers to return home to find jobs and start businesses are introduced and improved to deal with the problem of left-behind children in rural areas at the source through legislation and formulation of normative documents.Secondly,by speeding up the reform of the household registration system,the gap between urban and rural areas will be narrowed,the social resource security level for migrant workers’ families will be greatly improved,and the rate of rural left-behind children will be increased to effectively alleviate the left-behind phenomenon.Finally,the social environment for left-behind children in rural areas to live and grow can be optimized through unimpeded social participation channels of mass organizations and strengthened legal regulations on relevant public welfare activities to ensure that mass organizations can actively and effectively cooperate with state organs,schools and families of migrantworkers.To sum up,by improving the legal system to promote the country,society and family interaction and cooperation,it is expected to achieve comprehensive protection of the rights and interests of rural left-behind children.