A Study On The Legal Guarantee Of The Rights And Interests Of Left - Behind Children In Rural Areas

Legislation is not only the basis of administrative and judicial, but also to develop long-term mechanism of the protection. The perfection and revision of the existing minor relevant legislation is one of the effective ways to solve the problem of rural left behind children.. Due to the present stage of our country has not promulgated rural left behind the special laws on the protection of the rights and interests of children, left behind the protection of children’s rights and interests and the current minor legal provisions, inevitably will produce some conflicts.Many scholars had on the legal protection of the children left behind on the proposed some useful viewpoints, but given the relevant countermeasures and further improvement of space, at present in dealing with some problems still exist some problems. New ideas of China’s rural left behind children’s rights legislation to solve the problem of the reference in the summary on the basis of previous view, rural left behind children from the right to subsistence, custody, education legal protection of the right angle is proposed. This paper mainly uses the method of empirical research and interview survey, first of all, the concept of rural left behind children to define, and rural left behind children’s legal status analysis. Secondly, from the definition of the concept of extension of the scope of the study of, left behind children’s living status and related rights protection legislation present situation, discussed our country rural left behind children in terms of the survival, care, education of legal system, the main difficulties. Finally from the perspective of legislation, to rural left behind children’s rights to subsistence, custody and education right legal rights as the basis analysis, put forward the methods and measures of improvement and refinement of the existing legal system.