A Study On The Legal Issues Of The Guardianship System Of Left Behind Children In Rural Areas Of China

In recent years,with the rapid development of social economy,the young and middle-aged people in rural areas choose to go out to seek development.Because the work of young parents who go out to work is unstable,the income is small and the cost is large,so they can not provide a long-term and stable living and learning environment for their children,so most parents have to leave their children in the rural areas from the one who has not gone out or entrust them to themselves Their parents and other relatives and friends take care of them,thus forming the group of left behind children in rural areas.For a long time,this group has not been widely concerned by the society,and there are no words about the guardianship of left behind children in rural areas in the law,that is,the relevant laws and regulations on the guardianship of minors are not clear and comprehensive,resulting in the rights and interests of left behind children can not be well protected.This paper is based on the comparative law and social investigation law,based on the social practice,through the introduction of the concept,characteristics and types of rural left behind children and their guardianship system,and drawing on the legislative experience of the overseas guardianship system for minors.Therefore,the paper puts forward some legal suggestions for the establishment of the guardianship system of left behind children in rural areas.The article consists of four parts.In the first part,the concept of left behind children in rural areas is defined in terms of whether parents go out at the same time,age structure and length of time.Secondly,the concept,mode,characteristics and nature of rural left behind children’s guardianship are reviewed.Finally,the content of the left behind children’s guardianship system in rural areas is elaborated,which paves the way for the following discussion.The second part: analyze and summarize the problems in the guardianship system of left behind children: the legislative concept of the guardianship system is old,the guardianship system is the responsibility rather than the right,the boundary between the parental system and the guardianship system is unclear,there is no effective guardianship supervision mechanism,and the national guardianship system is lack of operability.The third part,using the method of summing up experience,drawing lessons from the advanced legislative concept,perfect system construction,advanced legislative thinking and failure experience of the guardianship system in foreign countries,we can get enlightenment from it,so as to achieve the purpose of improving our guardianship system.The fourth part,in view of the current legal problems in the guardianship system of left behind children in rural areas of China,puts forward suggestions.This paper discusses how to solve the problem of rural left behind children’s guardianship from the aspects of determining the rights and obligations of guardians,establishing the parental system,establishing the guardianship and supervision institutions,and establishing the national guardianship system,in order to make up for the defects in the legislation of rural left behind children’s guardianship system in China’s civil law.