Talk About The Perfecting Of Juvenile Guardianship From Protecting The Legal Interests Of The Left-behind Children

As a fundamental system of juvenile legal protection, the wardship is a comprehensive reflection of the liability structure of quaternity, which closely links with the nation, the society, the family and the school. The juvenile guardianship in China, however, far from perfectly constructed and enforced infirmly without tangible procedures, can not respond efficiently toward some newly emerged social problems, such as the absence of the wardship for the left-behind children. In this essay, the author discusses the evolution and the improvement of the juvenile legal protection systematically via practical research, text analysis, logic reasoning as well as comparison in order to develop the current juvenile guardianship system and find the effective way to protect the legal right of the left-behind children.Nowadays, a large number of rural labors are flowing to cities, but no effective way has been found to solve the problem of the absence of custody system for the left-behind children, resulting that the events that the legal interests, such as the physical and psychological health, being educated, existence and development and so on, of the left-behind children were invaded happened frequently. The emerge of tens and millions of the rural left-behind children and the related custody problems, is not only a great problem among the " three dimensional rural issues " , but a important issue as well as a bottle neck problem to the economy development of today and the long future. And the problem has become so serious that the government and the society have to look closely at it. The author is convinced that, the lack of parental custody and the irregular and unsound factoring custody are the most negative factors that influent the existence, protection and development of the left-behind children. Meanwhile, the custody issue of the left-behind children is as well a comprehensive problem referring to the family, school, society and many other parties. Hence, how to regulate and adjust the juvenile custody system, to intensify the operation of the law and the socialized effect, to build up a protecting net covering the lines and guarding to the bottom is now the most important aspect of preventing and solving the problem of protecting the legal interests of the left-behind children.It is raised in this essay that, in the period of reforming and perfecting the juvenile custody legal system of our country, according the emerging new problem of the custody of rural left-behind children, we should pay more attention to the establishment of the concept of the right of consanguinity,the organic combination of the protection of the consanguinity right and custody , the concept of national custody , the establishment of the national custody system which is according with the legislation spirit and the age demand, the perfection of custody supervision, the effective protection of juvenile's legal rights and interests , the perfection of the alternation and cancellation system of custody , the insurance of the determination of the custody obligation.The author thinks that, on the guide of the principle of maximization of juvenile 's interest, the principle of trinity obligation of parents ,close relatives and the nation, and the principle of family autonomy and national interference and supervision, it is the premise and guarantee of preventing and solving the problem of left-behind children custody and their interest protection to build the t quaternity liability structure combined nation, society, school and family. It is suggested in the essay to start with carrying out family custody, intensifying national custody, focusing on school protection to build a sound custody system for left-behind children.Therefore, we could get the conclusion from the reasoning of this essay: the problem of the rural left-behind children have connection with the whole national legal system. Only absorbing it into the goals of the social economical development through legally and systematically could we solve the problem radically. A sound, comprehensive and easy operating juvenile custody system which prior to the children's rights is beneficial to creating a better legal environment for the left-behind children's development, and will to some extent prevent and reduce the phenomenon of the lack of rural left-behind children custody.