Study On The Guardianship Of The Rural Left-behind Minors In China

This paper starts with the realistic background of the absence of guardianship in rural left-behind areas in China.In conjunction with the general rules of civil law,adopted on March 15,2017 and implemented on October 1,2017,In which that principle of "most favour of the guardian" is written in civil law for the first time.In theory,the paper discusses the improvement of the system of the civil law about minors to solve the problem of China's rural left-behind minors related positive significance;It also put forward specific Suggestions on that perfect guardianship for the aged in rural in China.The author holds that the provisions of the general rules of civil law on the guardianship of minors have made a great progress in protecting the rights and interests of the left-behind minors in our country,but there are still some deficiencies that need to be improved through the law.According to the above thought,this article briefly discussed several problems.The first chapter defines the rural left-behind minors and the rural left-behind minors guardianship concept,analyzes the nature and characteristics of the rural left-behind minors guardianship,next from the single monitoring,generation of insulation monitoring,brother elder sister care,family care and boarding guardianship of five types of common rural left-behind minor guardianship concept,characteristic and deficiency for analysis;In the second chapter,the author introduces the legislation status of the guardianship of minors in China from five aspects: the determination of the guardian,the contents of guardianship,the guardian's legal responsibility,the supervision system of guardianship and the alteration and termination of guardianship.The article mainly introduces the latest provisions of the general provisions of civil law on the guardianship system of minors,and then analyzes the deficiencies in the legislation of the guardianship system of the left-behind minors in China from four aspects,such as the strengthening of the legal guardianship of the parents,the inoperability of the state guardianship,the imperfection of the entrusted guardianship system,and the lack of scientific and effective supervision mechanism of guardianship.Chapter three puts forward relevant enlightenment from the relevant provisions of the guardianship system of minors in the four countries.The fourth chapter puts forward some concrete Suggestions on perfecting and implementing the principle of guardianship,perfecting and strengthening the legal guardianship duty of the parents of the rural left-behind minors,perfecting and perfecting the supervision system of the rural left-behind minors,improving the state guardianship system of the rural left-behind minors,and improving the supervision system of the rural left-behind minors.