Discussion On The Lack Of Guardianship Of Left - Behind Children

The lack of custody of left-behind children is the direct cause of left-behind children in China today a serious problem, study the fundamental China’s guardianship rights legislation to protect the mechanism due to insufficient care system is imperfect. Introduction section of this article describes the background, purpose and significance of the thesis writing, as well as the author prior to the creation for the left-behind children existing literature, and a brief introduction to the framework of this study and the research methods. Body of the article discusses three chapters, the first field survey analyzed in combination to achieve the status of the custody of the left-behind children, combined with the harm caused by the lack of custody of left-behind children, analysis of the reasons for the lack of guardianship, and finally propose solutions to the lack of custody of left-behind children countermeasures and suggestions of the problem. The first chapter of Chinese scholars to define the basic concepts of the left-behind children, and that the object of this study, followed by elaborate the meaning and nature of the guardianship of the left-behind children. To sort out some of the basic concepts of left-behind children, from the legal guardianship and custody change the current custody system, combined with the statistical results of the field survey I see the current status of the custody of the left-behind children in China, the custody of left-behind children four types:single-parent custody, every generation guardianship, of generations ago guardianship and peer monitoring.The second chapter of custody of left-behind children in the status quo in the previous chapter further pointed out that the harm caused by the lack of custody of left-behind children, and look for the custody of missing the deeper reason. The parents of migrant workers during the period, due to entrust custody of its inherent disadvantages, leading to the right to life and health can not be guaranteed, and learning quality of life, emotional, psychological and moral crisis of abnormal development. The author from the legal point of view of social reality and the current Guardianship of Minors to analyze the reasons for the lack of custody of the left-behind children, backward rural economy, the lack of urban-rural dual system, as well as care legislation omissions and national public authority intervention custody of the left-behind children the main reason for missing.The third chapter study abroad the typical custody of system mode, gain inspiration and put forward suggestions and countermeasures to improve the system of guardianship of the left-behind children in China. For the guardianship legislation on the omissions, it is recommended that the departure from the basis of the distinction between parental authority and guardianship, developing specialized protection laws and regulations of the custody of the left-behind children, and legislative form the system of care commissioned; Finally, to improve the state custody of left-behind children protection mechanisms and strengthen national monitoring oversight functions discussed strengthening the involvement and intervention of the public power to the protection of left-behind children in custody.