The Study On The Guardianship System Of The Rural Left-behind Children In Our Country

In recent years, as China’s economic is developing rapidly with fast increasing urbanization, a largenumber of rural workers swarm into cities, while a large number of these migrant workers are youngcouples.Confined by the education system, the household registration, family economic conditions andother conditions, the parents have to leave their children staying in the rural home or hand them over totheir aged parents or trusted friends, family members and neighbors to take custody of the kids in the ruralhome, thus large number of kids became the left behind children.As a special group of minors, the left behind children in rural areas could not get their legitimate rightsand interests in education, health, and personal safety, sometimes even often get violated due to that there isno parental guardianship or commissioned guardian could not fulfill their responsibility of guardianshipand provide effective protection.Childhood is a critical period for the psychological and physiologicaldevelopment and the creation characteristics. Because lacking affection and guardianship, the children leftbehind tend to develop same problems in their daily lives which could have been avoided, for this wouldcause serious adverse effects on their future development and growth. Therefore, the key to solve theseproblems of the children left behind in rural areas is to determine the guardianship of the children leftbehind in rural areas.At present,legal experts and scholars in our country do not make much research on the guardianship ofLeft-behind Children.But this does not means they do not realize this issue is not important,they put theirresearch perspective on the guardianship of minors system instead,which is more larger than the left-behindchildren guardianship system.Guardianship of Minors system plays a pivotal role in the protection of the legitimate rights andinterests of minors, the minors guardianship system matters whether they can grow and develop healthily inthe future. Now, various countries in the world attache great importance to the protection of minors andimprove their Guardianship system of Minors, the involvement of the national public authority of theGuardianship of Minors Guardianship has become deeper and deeper from within the family to thecommon affairs of the various sectors of the community.To protect the legitimate rights and interests of minors, China enacted the General Principles of theCivil Law to provides a system of guardianship of minors in1986.20years later, as all aspects of thesociety have a major shift, but the ideas of the legislation of the General Principles of the Civil Law havebeen far from meeting the needs of modern society, some of the provisions of the General Principles of Civil Law is far from the modern society, and are almost no longer operable, it can hardly play any role indealing with the problem of children left behind.The Lacking of Guardianship of children left behind in rural areas with the legitimate rights andinterests not effectively protected, and the lack of the state power to remedy might lead to the deprivationof education, sexual assault crimes such as roads, death or even embarked on a series of serious socialproblems for rural children left behind, these problems exposed of defects of the Guardianship of Minorssystem.This paper is divided into five parts:The first part narrates the current situation and problems arising from the guardianship of the childrenleft behind in rural areas.Firstly, start from the concept of rural children left behind and the guardianship ofthe children left behind in rural areas, then analyzed the status of the guardianship of children left behind inrural areas, and studied the problems of the rural left-behind child custody on this basis.The second part developed causes of the guardianship of the children left behind in rural areas. Thispaper explores the causes of the guardianship of the children left behind in rural areas from both social andlegal aspects.The third part evaluates the Guardianship of the current Minors protection system, pointed out that thelack and vulnerability of Guardianship of Minors from the four aspects.The fourth part is the introduction of typical advanced Guardianship of Minors in foreign countries,and pointed out that it can provide reference guardianship for the protection of minors in our country.The fifth part proposed some ideas for building guardianship system of rural children left behind inChina. This part inadequate guardianship system for the above rural children left behind in China,combined with China’s realities and learn from foreign experience based on the proposed legislation,parental authority, state guardianship and custody supervision, guardian rights and education, the householdregistration system reform five aspects to improve rural children left behind in China guardianship system.