The Research Of Rural Left-behind Children Entrusted Tutelage System In Our China

With the increasing development of social economy,a large number of rural migrant workers into cities,their children because of the social economy and so on various aspects have to stay at home in rural,thus formed to an unique broad groups in China:rural left-behind children.They were forced to stay at home,the lacking of affection and care produced a series of problems.This article embarks from the reality of the left-behind children,they entrusted by his parents temporarily entrusted to the relatives and friends,it is a fact of the entrusted guardianship.And the regulation of left-behind children entrusted guardianship system is general in China,and many details of the regulation are missing,even there is a problem in some legal provisions.So the focus of this article is researching on rural left-behind children entrusted guardianship system,and can improve the system of the left-behind children entrusted guardianship and play the role of the system,so as to better safeguard the legitimate rights and interests of rural left-behind children in China.This paper have five parts,the first part include the concept of left-behind children entrusted guardianship,the nature of the entrusted guardianship,The difference between similar legal concepts.The second part analyze from the establishment of our country's rural left-behind children entrusted guardianship system,including rural left-behind children entrusted guardianship setting up the constraints;Setting up the conditions of the limit of the trustee and the related contents about entrusted guardianship contract.In the final analysis the deficiencies of the entrusted guardianship system set up in practice and legislation,such as there is no clear the trustee's qualification and the rights and obligations between the guardian and trustee and Without effective supervision mechanism.The third part is emphatically analyzed related content about guardianship duties of our country rural left-behind children entrusted guardianship system,including the contents and the transferable of the guardianship duties and the division of the responsibility between the guardian and the trustee.Finally,the analysis of entrusted guardianship duties related problem,the author thinks that the main problem is Scope of responsibility about the guardian can entrust rules is not desirable.The fourth part is analyze the responsibility of rural left-behind children entrusted guardianship system,including guardianship responsibility of guardians do not transfer under the entrusted guardianship and the actual situation of each responsibility.In the final analysis the problems about rules of responsibility ambiguity when person under guardianship damaged others.The fifth part put forward some reasonable Suggestions to solve the above problems.Including clear the agent qualification and the rights and obligations of both sides and the range of entrusted guardianship duties.And perfect the supervision system and state monitoring,then the state and society take their own responsibility on the problem of left-behind children.To expect perfect rural left-behind children entrusted guardianship system,and solve the legal disputes effectively,and better protect the legitimate rights and interests of rural left-behind children in China.