| The massive transfer of surplus labor in rural China is from the beginning of 1980s, the development of rural surplus labor to urban migration has become an important channel for promoting China’s social and economic development. Moreover, China’s urban and rural differences in the two yuan economic system, and the corresponding household registration system, so that China’s rural labor force to choose urban and rural areas, and this situation also brings Chinese characteristics of rural children left behind, that is, migrant workers migrant workers to stay in rural areas, with the passage of time, the left behind children’s team continues to expand, causing many social and family issues, resulting in widespread concern.In this thesis, the author, through general understanding of "left behind children" with reference to a lot of literature, which, based on human rights and the rule of law perspective, based on the rural left behind children related to the protection of the rights and interests as the starting point, and to the rear of the status quo of protection of children’s rights and interests as the right to receive education, guardianship rights, personal rights and other to carry out a full range of in-depth study, and find out the existing problems. For example, because of the lack of parental care, rural left behind children appeared in large numbers who are unable to go to school, the school education is difficult to play a greater role; susceptible to infringement of rural left behind children’s health right and body right, the right of life; single parent guardianship, throwback guardianship and kinship care and peer monitoring shortcoming obviously; at the same time, according to these problems, the author carefully combing, in-depth analysis of proposed some legal countermeasures to solve these problems.The author thinks that we should emphatically from the following several aspects to solve the problem of rural left-behind children’s rights protection in China:should be perfected in view of the legislative construction of left-behind children, provide legal basis for improve the left-behind children’s rights protection mechanism. In the formulation and revision of the laws and regulations, to pay special attention to left-behind children’s right to education, personal rights and property rights, establishing the system of legal aid left-behind children, when there is violation of the legitimate rights and interests of left-behind children, the left-behind children no guardian to look after or their guardians have been powerless, should actively provide free legal aid for them; Must strengthen the parents as the legal guardian of the legal responsibility, perfect the entrusted guardianship system of law, the establishment of national guardianship system, the establishment of the legal system of the guardian supervise, the main way to fundamentally solve the problem of left-behind children; Relevant departments should enhance combating and preventing crime, to maintain social stability, for the rural left-behind children’s rights protection, promote social harmony to provide sufficient legal support. |
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