The Research Of Legal Countermeasures About Left-behind Children Behavior Problem

Along with our country’s modernization process has been accelerating development, the countryside’s surplus labor force began to flow to the city. However, the urban and rural social structure and their own system of economic conditions of the restrictions, many migrant farmers working in the city, but they can’t solve a series of problems about children after going into the city. If they stay in the countryside they also be helpless. The rural left-behind children group is a proble perplexing the society On the other hand, with the development of our national economy, and foreign exchange increasingly, Chinese citizens to foreign flow of scale step by step, the emergence of a part of the city left-behind children.The author use of social behavior anomie theoretical analysis left-behind children to the problems, and in view of the current protection left-behind children the legitimate rights and interests of the legal system defects, and puts forward some countermeasures to the law. In addition to the introduction and conclusion the full text, is divided into four parts:The first part:the left-behind children in the paper.There are so many different expression about the literature for the concept of "left-behind children" in recent years. The author will give a specific definition from the legal research, and analyses the background and the status of the left-behind children appearing. Put forward a point of view that it also Can not be ignored to the city left-behind children group when paying close attention to the rural left-behind children group.The second part:the analysis of the left-behind children behavior anomie problem.Because the left-behind children grow up in a circumstance lacking of the parents’ behavior demonstration guide and the behavior standardized education, then the behavior not consistent, not harmonious, even the conflict appears. Left-behind children behavior anomie problem can be divided into deviant behavior, illegal behavior and crime from different degrees of standard. Left-behind children generally self-control ability is poor, free lax.Their behavior is vulnerable to the influence of external environment, so it is easy to deviate from the normative behavior and appear normal deviant behavior.The left-behind children illegal behavior has certain realistic social harmfulness, although no breaches of the country criminal law, but it has violated the provisions of the current law, they must be punished. The left-behind children criminal acts offend our country criminal law withserious social harmfulness.The third part:the law regulation of the behavior of the left-behind children. law system of protecting left-behind children rights has been basically formed in our country, it mainly includes the "constitution", and "the civil law, the law on the protection of minors, the education law, the compulsory education law, the precautionary minor crime","criminal procedural law", etc. Especially the revised minors protection law pay attention to the protection of rights of left-behind children. But the legal system still has some defects. The main defects include:lack of legislation ShangWeiFa support; Lack of law enforcement operation procedures; The judicial reform lags behind. These factors is the key factor to the construction of the children’s rights and interests protection law system.The fourth part:legal countermeasures of the left-behind children behavior problems. The author dissertates the prevention and treatment problems of the left-behind children’s abnormal acts by the way of strengthening the publicity of legal system,perfecting the minor crime criminal legislation,consummating the judicial organization system,and put forward a set of the family education law to determine the legal status of the family education. At the same time,we should make a" family education law" to determine the legal status of family education.Integrated the fundamental national condition of our country and put forward the construction of the family education law of the basic framework. Through improving our legislation, and protecting the legal rights of left-behind children, completely improve the present situation of our country left-behind children, and promote the healthy growth of left-behind children.