Research On Guardianship Of Left-behind Children In Rural China

In today's era,China's industrialization is increasing and its economy is developing rapidly,a part of rural labor began to work in cities and start businesses in order to seek better development and improve family conditions.However,the dual household registration system in urban and rural areas is implemented in our country,which makes the rural migrant workers unable to take their children with them,so they can only leave them in the household registration place and be supervised by others,which leads to a series of problems.This article tries to analyze from the perspective of law,hoping to provide some ideas for solving the problem of guardianship of left behind children in rural areas in theory.The paper consists of five parts as follows:The first part: the background and significance of the research.With the rapid development of China's economy,a large number of rural labors go to cities to work,but the dual household registration system in urban and rural areas makes many rural migrant workers have no conditions to bring their children around,so many rights of left behind children cannot be effectively guaranteed.This paper aims to discuss and study the relevant provisions of the current laws and policies on the left behind children in rural areas,find out their shortcomings,analyze the reasons behind,and learn from the advanced experience of foreign countries,so as to form a set of practical and complete reasonable guardianship system for reference.The second part: the overview of rural left behind children custody.The left behind children can not get their parents' long-term company,which directly leads to the inadequate guardianship of parents as guardians.First of all,the definition of left behind children in rural areas is defined.It is pointed out that left behind children refer to children under 18 years old who live in rural areas and cannot live with their parents because one or both of them have been away from work for more than six months.Then it analyzes the connotation and nature of guardianship,which lays a theoretical foundation for the following discussion on the defects and suggestions of left behind children's guardianship.The third part: the current situation of the guardianship system of left behind children in rural areas.At present,there are no formal special laws and regulations for the left behind children in rural areas in China.At present,the guardianship modes mainly include single parent guardianship,ancestral guardianship,peer guardianship,self guardianship,relatives and friends guardianship,and school guardianship.This paper expounds the current regulations on the establishment of guardians from three aspects: the order of guardianship,the capacity of guardianship,the duties and responsibilities of guardians.At the same time,there are many problems in the guardianship system of left behind children.The dual household registration system in urban and rural areas is the root cause of the damage to the rights and interests of left behind children in rural areas in China.At the same time,the legislative thinking is relatively backward,which can not meet the needs of modern society.In addition,the guardian system is not perfect,and there is no effective supervision mechanism to protect the legitimate rights and interests of left behind children in rural areas.The fourth part: the overseas minor guardianship system and the reference to our country.This paper analyzes the advanced experience of the guardianship system of minors in France,America,Britain,Germany and other typical countries,and draws the Enlightenment on strengthening the guardianship of left behind children in rural areas in China: first,we need to strengthen the protection of children's rights,second,we need to distinguish parental rights and guardianship rights,and then we need to clarify the state's supervision of guardianship rights,so as to build a legal guardianship suitable for China's national conditions Frame.The fifth part: suggestions to improve the guardianship system of left behind children in rural areas.Only by speeding up the integration of urban and rural areas and improving the concept of national legislation,can we fundamentally solve the problem of guardianship of left behind children in rural areas.In addition,it is necessary to standardize the qualification of guardians of natural persons,clarify the qualification of relevant organizations and institutions as guardians,strengthen legal guardianship responsibilities,and regulate the rights and obligations of non parental guardians,so as to prevent the occurrence of guardians' improper exercise of guardianship rights.Finally,we need to establish a comprehensive monitoring and supervision mechanism,set up an independent monitoring authority,set up a monitoring supervisor and a monitoring and supervision institution to protect the legitimate rights and interests of left behind children in rural areas from infringement.