Research On The Guardianship Of The Rural Hometown-remained Children

With the accelerated process of urbanization and the continuous adjustment of the industrial structure,a large number of rural surplus labor force in order to improve the living conditions,forced to make a living into the city.By the limit of family economic situation and the household registration system,these migrant workers cannot bring their children to the side,only make the children stay in the countryside,and the children remaining in rural areas appeared.Migrant workers and their children separated from the two places,unable to perform their duties in a timely manner,which lead to the absence of supervision of left-behind children,and bring about a series of problems in the children’s life,learning,psychological and other aspects.In China’s “General Principles of the Civil Law”,“Civil Law General Rule”,“Law of Minors’ Protection”,“Marriage Law” and other laws,these laws rule the guardianship system for minors,but these rules cannot adapt to the rural children left behind.Therefore,this paper has carried on the thorough research to the rural left behind children’s guardianship problem,combined with the foreign advanced minors’ guardianship experience,puts forward the suggestion on the improvement of the rural left behind children’s guardianship system.This paper mainly consists of the following parts.The first part is an overview of the rural left behind children’s care.Through access to information and research,the concept of rural left behind children were defined,analyzed the connotation and nature of the rural left behind children’s care,summarized and summed up the types of rural left behind children.The second part analysis the minors’ guardianship system between common law and civil law,summed up the advanced concept in two legal systems and perfects the guardianship system for minors,looking for the theoretical basis and practical experience for improving the status of rural left-behind children lack of care.In the third part,explains the current situation of China’s rural left behind children guardianship system from two aspects of child care general law and special law,then analyzes the problems which exist in China’s rural left-behind children guardianship system,and the causes of these problems.In the fourth part is to rise up the suggestion from the following three aspects: “ improving the left behind children’s guardian system ”,“establishing the monitoring mechanism of rural left behind children” and “constructing the left behind children’s principal monitoring system”.