Study On Guardianship Of Children Left In Rural Areas In China

Left-behind children in rural areas are a special vulnerable groups, which are produced in the process of social transformation. Left-behind children in rural areas and China’s opening up and economic transition are inseparable. During the The "Eleven-Five" period, China’s urbanization process accelerated, and large number of rural surplus labor forced into the city, the number of children left in rural areas is increasing year by year. It is well known that young strong country strong, children are the future and hope of our country, if the interests of this group are not very well protected, not only their growth and development will be affected, but the pace of constructing harmonious society in China will be hampered. At present, the problem of left-behind children in rural areas are outstanding increasingly, we must review the minors guardianship system in China. This article is based on protecting the interests of children left in rural areas, first with status of left-behind children in rural China is as entry points, respectively, from the current system of guardianship of minors in our country and problems in rural areas left behind in the physical custody of the child, and it points out that lack of guardianship of children left in rural areas, further it analyses the social and legal causes of children left guardianship in rural areas, it identifies the crux of guardianship of children left in rural areas issues. Secondly, learning from foreign countries in the guardianship of minors on the legislative experience, combining with the realities in China, specific proposals for perfecting the system of guardianship of children left in rural areas are made. Article discussion is divided into five sections.Part one:The concept of rural children left behind, the concept and nature of guardianship are defined, it is the premise of article.Part II:It discusses the status of guardianship of children left in rural areas. Paper first provides an overview of our current system of guardianship of minors, describes current provisions relating to the guardianship of minors.Secondly, depending on the guardian, the guardianship of the children left behind in rural types were classified, listed parent custody type, type of inter-generational care, relatives care type, type of self-care and care-type boarding school five types of guardianship, custody of children left behind long pointed and instability characteristics,and it finally analyzes the main problems of realities existing in the guardianship of children left in rural areas.Part III:This part of our country’s cause of rural child custody problems were analyzed. This article separately from legislative limitation, entrust custody of the imperfections of the system and the lack of effective supervision and intervention analysis of children left in rural areas causes legal guardianship.From the analysis of the social dimensions of urban-rural dualistic economic structure and irrationality of the household registration system, pointing out that economic income is at the root of rural child custody problems inherent, as well as from the State and society on the absence of accountability on the issue of guardianship of children left in rural areas have carried out a detailed analysis, for the guardianship system under the perfect bedding below.Part Ⅳ:It comparatively analyses guardianship of minors abroad, foreign related provisions to perfect our country rural left behind children care implications.Part five:It is the perfection system of guardianship of children left in rural areas in China. It proposes Five aspects of the specific programme addressing the issue of guardianship of children left in rural areas,which are separately the principle of guardianship of the establishment, the guardianship body perfection, perfection of the guardianship forms, guardianship of perfecting the system of supervision and the perfection of relevant supporting facilities.