China's Rural Left-behind Children Entrust Guardianship Problems Research

Rural left-behind children is China's urban-rural dual structure of special product. Parents outdoor-workers after left-behind children were cornered without supervision dilemmas, and led left-behind children become the issue of children. Resolving rural left-behind children question for sustainable development in our country, the construction of new countryside, rural family and the harmonious rural left-behind children's healthy psychological development has a very important significance. Because our country of minors guardianship mainly on family is given priority to, national guardian system did not build. Therefore solve the rural left-behind children the crux of the problem is to build perfect entrust guardianship system.Foreign legislation to the relevant provisions for the construction of the entrusted guardianship of our country rural left-behind children guardianship system provides for reference. Entrust care is for certain reasons in the guardian generated temporary guardianship obstacles will be transferred to others to perform the duty of guardianship of a temporary monitoring measures. Entrust monitoring is not to care for the establishment of way, its essence is a special kind of contract relationship, entrust guard relation establishment must rely on entrust guardianship agreement to determine. Entrust monitoring is not to care for establishment of a kind of, is also different from guardianship change. Entrust guardianship did not change the guardian guardianship qualification, also cannot be remitted guardian custody of responsibility. The trustee has not obtained guardian status; need only be liable for breach of contract. Rural left-behind children implementation entrust care is our social and economic development present situation, the existing minors guardianship system inevitably choice, the duty of guardianship of transferable is entrusted guardianship mana foundation.Although our country's existing laws admitted entrust guardianship system, but its provisions too general, in practice, difficult to apply. We should not only in the civil code guardianship system in special provisions in articles entrusted monitoring, and should develop detailed "rural left-behind children entrust guardianship ordinance."Rural left-behind children entrust guardianship ordinance should include the following: the realization of the entrusted guardianship condition explicit, Determine the trustee of scope and qualifications, And the guardian and the trustee of rights and obligations to regulate, Guardian bear guardianship responsibility, the trustee liable for breach of contract. In order to ensure the implementation of the entrusted guardianship, we should establish individual, the state, social organization of combining the supervision mechanism; By means of social force perfect entrust guardianship of software and hardware facilities, establishing a principal-agent guardianship dispute resolution mechanism.