Concerning Rural Left-behind Minors Guardianship System Consummation

Minors guardianship system as an important civil law system and aims to protect the interests of the minors, protect healthy growth of minors, to maintain social and economic life order and to ensure social stability. In rural areas of China, there are a lot of left-behind minors, they also need the protection of the law.But in real life, rural left-behind minors and no real can benefit from this system. In our country, from parents dominated system and the influence of traditional relative autonomy structure for theprotection of minors, largely originated from social habits and customs, public law sex is lower, moreover, China's relevant minor guardianship system legislation late, legal regulation is more rough, general, lack of maneuverability. Some should be prescribed content without regulation, should change content without change. The legislation also have many shortcomings and loopholes, is not conducive to maintaining the lawful rights and interests of minors and the relevant disputes solution. So we should be combined with actual situation in China, foreign related advanced law, in the civil code "formulated by the opportunity, of a minor guardianship system modified and perfected, fill some legal blank. This is both the infant care career development, which is also the need of conform to the international trend, the need to protect minors rights. This thesis mainly from consummates our country left-behind minors guardianship system, based on the purpose of left-behind minors monitoring by the basic theory, and an overview of some major developed countries minors comparative study of guardianship system, discusses the infant guardianship system in legislation aspects of defects and causes, and put forward the corresponding improvement Suggestions.The first part, mainly to the left-behind minors theories monitoring summarizing, first to stress the conception and distribution of minors is discussed, and then the concept, nature of monitoring and the legal characteristics were summarized. And then analyse the left-behind minors guardianship system, lists the legal basis of several unattended minors guardianship way guardianship. For these basic theory for behind a few parts of the overview paper do twisted.The second part is other countries minors guardianship system, this clause presents the typical continental law system country the French and German parental right and minors guardianship system, as well as the typical countries of Anglo-American law system in Britain and the United States minors guardianship system. These provisions of law the outstanding composition, for our country the minors guardianship system and the improvement and development is very meaningful, is worth our using for reference. We should and international legal standards, analysis and use for reference foreign relevant laws and regulations, to perfect its essence and the development of the country's minors guardianship system. Promoting minors in the current legislation of civil law, discusses the insufficiency, perfect guardianship system in formulating civil code, and advance the judicial practiceThe third part, our country rural left-behind minors guardianship system defects and causes. Defect mainly from monitoring concept, guardian's qualification, guardian's rights and obligations, guardianship supervision mechanism and guard relation change and cancellation of the conditions to illustrate aspects. Main causes from our dual the household registration system, "urban and rural partition, one country two education policy, the policy" city of left-behind minors by education policies and laws and regulations formulated up analysis. On rural left-behind minors guardianship system defects and the reasons of the study, can pertinently put forward some Suggestions.The fourth part, aiming at China rural left-behind minors guardianship system defects, and put forward some Suggestions. Mainly from monitoring subject, monitoring content and monitoring liability three aspects to perfect. In monitoring body, to clear the guardian of a guardian order, refining, and build national qualification of a special guardianship system, and the monitoring institutions. In the contents, our country should care for reference foreign some laws and regulations, increase guardianship type, clear guardian and minors, do the rights and obligations of the rights and obligations of consistency, better protection of the guardian and left-home the lawful rights and interests of minors. Established in monitoring responsibility, supervisory system, and clearly guardianship guardianship supervision and monitoring the main duty. Let administrative power intervention belongs to traditional private legal family affairs, and set up administrative supervision institution, supervision measures, formulate specific monitoring. According to China's national condition, established in grassroots people's court of the people's court ruling establishment of full-time guardianship supervision, specifically in charge of left-behind judge ruled custody of minors supervise transactions. Let violations left-behind legitimate rights and interests of the minors behavior get sanctions.At present, China's legal system of minors guardianship insufficient showed what limits the realization of its goal, constitute a legislative amendment of the moment. Our left-behind minors guardianship system should be performed in concept reconstruction and integrity, should abandon care is the conservative private sphere affairs understanding, strengthen national obligations and public power interventions; In purpose, should maintain and promote left-behind minors, the best interests of both the normal social order; In its content, should profit from the advanced countries, adjust the laws and regulations or addition, the guardian of a guardian of qualifications, the guardian's responsibility, duty of guardianship supervision provisions. Can foresee, the civil code in China enacted process, for minors to guardianship system modification, shall be more in line with the social reason.