Left In The Countryside Civil Law Child Custody

With the rapid development of China’s economy and the acceleration of urbanization, a large number of rural surplus labor, the majority thereof are young people, flock into the city. Influenced by the household registration system, education system, economic level, working intensity and other factors, most of young couples from the country will choose to entrust to their aged parents or other relatives and friends to custody their children, thus a special groups of left-behind children is taking sharp. Rural left-behind children refer to those children under the age of eighteen who cannot live together with their parents, for children live in the country, but one or both of their parents work out of the country for more than six months. In the condition that the legislation of guardianship system and specific content are not perfect, there is no guardianship of left-behind children, therefore, their personal safety is hard to secure, their study lacks of correct guidance and supervision, their psychological development gets unbalance, and their moral character gets down. Child are the future of a country and a nationality, in the present stage, the scale of rural left-behind children has reached millions upon millions, the problem of guardianship of rural left-behind children is no longer a simple family problem, but a severe social problem deriving from the high-speed economic development process. In order to safeguard the legal rights of left-behind children, a parallel legislative mode of guardianship and parental power shall be established by legislation, and improve the entrust guardianship system, construct the national guardianship system and reconstruct the supervision system of guardianship by specific stipulations.This thesis consists of four parts:the first part is the introduction, mainly introduced the background of the topic, the significance of the research, the present situation of the research and the methods of the research. The second part is a review of the absence of the guardianship of rural left-behind children. This part identifies the concept of rural left-behind children above all, and then points out the defects of guardianship of single parent, grandparents, elders or peers, finally explain the problems caused by the absence of the guardianship of rural left-behind children. The third part analyzes the absence of the guardianship of rural left-behind children from the perspective of the civil law legislation and the content of the system. The fourth part makes some suggestions of improving the rural left-behind children.