A Study On The Problem Of Guardianship Of Left-behind Children

Since the 1980s, left-behind children were concerned by county and society when large-scale rural labor population moved to urban city and left their children in the rural communities in China. Children left-behind in Korean-Chinese families not only include children in rural communities, but also include children in town. Korean-Chinese left-behind children’living environment and economic conditions are different from other left-behind children in rural communities in China. Therefore, a study on the problem of guardianship of left-behind children has a great practical significance for the protection and healthy growth of Korean-Chinese left-behind children.This paper composed by introduction, conclusion and other three parts, which are overview of guardianship of left-behind children and minor, situation of left-behind children and improve legal system of guardianship of left-behind children.The overview of guardianship of left-behind children is a basic theory part of the paper, which clear that concept and characteristics of guardianship of minor and analyze difference between guardianship of minor and parental authority under the defining the scope of left-behind children. About the aspects of legal regulation of guardianship of minor, this part introduce the relevant legal provisions in Chinese and Korean law and propose the significance of Korean law to our Chinese law.The Chapter of situation of left-behind children analyzes the current situation, characteristics, problem and causes of guardianship of left-behind children as the case of Yanbian Korean-Chinese left-behind children. The different way of guardianship causes different problems which bad for left-behind children’healthy growth, like guardianship of single parent, guardianship of grand-parents, guardianship of good friends and guardianship of boarding school. A lack of guardianship of left-behind children caused by lots of reasons, but the most critical disadvantage is caused by the lack of legal system of guardianship of minor.The Chapter of improve legal system of guardianship of left-behind children is most important part in this paper. This paper aims at lack of legal system of guardianship of left-behind children, which proposes to distinguish between guardianship of minor and parent authority and to introduce the system parallel guardianship and parent authority; to clearly define the range of guardianship of minor, specify the rights and obligations of guardian of minor, so that make sure guardian of minor could enjoy their relevant rights while fulfill their guardianship obligations; to improve the procedure and content of entrusted guardianship, so that make sure guardian of left-behind children could correctly fulfill their guardianship responsibility; to monitor the behavior of guardian of left-behind children, achieving the purpose of protecting guardianship right of left-behind children, through the establishment of guardianship of minor monitor mechanism,...