The Legal Obligation Of Safeguarding The Right To Social Assistance Of The Left-behind Children In Rural Areas

The right of social assistance is a kind of social right to subsistence based,is one of the basic rights of citizens,is the basic position in the social security system.Rural left-behind children enjoy basic legal right for children and equal enjoyment of the right of social assistance.Compared to the general children,rural left-behind children have some special points to some extent.As a result,the realization of their social assistance rights need to be protected by the sound legal obligation system.The guarantee of the right of social assistance in rural left-behind children depend on joint promotion and performance.However,the current situation of obligation performance of rural left-behind children social assistance rights shows that,there are many problems exist during the implementation of left-behind children social assistance right,such as the lack of family obligations of left behind children,uncompleted performance of social obligations and the inadequate state obligation.Therefore,people need to establish and perfect the legal obligation system which is based on the family obligations,supplemented by social obligations and protection by national obligations,to guarantee the right of social assistance in rural left-behind children.The family is the main activity place for children,family members,especially parents undertake the important responsibility of children's education and guardianship.Family members who bear the obligations shall actively fulfill their obligations to protect children's rights and interests will not be harmed,and should be aware that the fulfillment of those obligations cannot be relied on individuals.School,society,national parties also face power needs to give support and protection.The problem of rural left-behind children is not only a family problem,but also a social problem.Therefore,the protection the left-behind children cannot do without social support.Give full play to the coordination function of rural grassroots organizations,clear the left-behind children right of social assistance to protect the rights and responsibilities;continuously improve the social and economic environment in order to ensure the basic survival needs of children left behind;create a healthy social and cultural environment,encourage the media to actively spread the beneficial information and data for left-behind children;strengthen the supervision of the news media,to prevent the spreading of negative culture;establish non-profit and non-governmental organizations to attract more professional social workers who can provide proper help for left-behind children with their professional knowledge,skills and methods.Social assistance right follows the structure model of "social attribution,the standard right,state obligation".The realization of the social assistance right of rural left-behind children rely on the complete performance of national duty.The state obligations require that the state cannot deprive the right of social assistance of left-behind children and the take active measures to ensure that the left-behind children can enjoy the basic survival and development rights.Specifically,the state has three heavy duties on the right of social assistance of left-behind children:respect,protect and pay.