Minors Entrust Guardianship System Research

Rural left-behind children is the result of the social structure development of our country, the supervision deficiency problem has aroused widespread concern. Due to the lack of guardianship of rural left-behind children’parents and the self-defects of temporarily entrust guardians, It gradually became a hidden trouble in view of the left-behind children’ consideration, personal safety, education, self-development and other aspects of rights being violated. Aiming at the present situation, the problems of rural left-behind children custody as the breakthrough point, from the general to the special, it analyses the defects of our current system of guardianship of minors, and put forward corresponding countermeasures, namely consummate minors entrust guardianship system. Attempt to fundamentally improve the situation in the lack of rural left-behind children’ custody and in violation of their rights, make sure the minors custody system more perfect, more practical.The implementation of minors’entrust custody is the inevitable choice of the present situation of social economic development, and our current system of custody of minors, guardianship transferability is the legal basis of entrust guardianship. Foreign legislation on the entrust custody regulations provides reference to construction of our country’s minors entrust guardianship system. Although China’s current law admits minors entrust custody, but its regulations are too general, it is difficult to apply in practice. It should provide specific regulation of minors entrust custody in the civil legislation part, formulate detailed articles of the law, in order to promote minors entrust guardianship system into formation of legal system, conscientiously guarantee the legitimate rights and interests of minors.The first part of this paper mainly analysis the nature of minors entrust guardianship. The second part introduces the present situation and causes of rural left-behind children guardianship. The third part of the paper, clarifies that consummating minors entrust guardianship system is the only way of resolving the problem of left-behind children’custody in rural areas. The fourth part make the comparison research on the guardianship legislation of minors. Finally, referring to the foreign legislation, proposes legislative measures to our country’s minor entrust guardianship.