Study On The Guardianship System Of Left-behind Children In Rural Areas

In recent years,with the development of science and technology,the demand for labor and the expansion of rural surplus labor in the process of industrialization and urbanization,a large number of migrant workers have begun to flood into cities and towns to improve the family's economic situation,but they are subject to household registration and residence.Conditions,education,medical care,and other restrictions have caused parents to leave their children in the place of residence registration,hand it over to relatives and friends or their parents for care,and some even leave the child alone in the place of residence registration,thus creating a generation Guardianship,family custody,and unsupervised custody,but intergenerational care and family care often result in inadequate monitoring or inefficient monitoring due to various reasons.At present,there is no special regulation on the protection of the rights of left-behind children in rural areas.Although it is related to custody in the newly promulgated General Principles of Civil Law,it still has certain limitations and lags,and there is no entrustment for custody in China.Specific provisions are made,such as the form of the guardianship contract,the criteria for determining the qualification of the entrusted guardian,and the rights and obligations between the principal and the trustee.On the other hand,the custody of minors in China has always been the responsibility of the parents,the responsibility of the society,the state responsibility,the lack of public power,and the lack of supervision and supervision system,resulting in the lack of guardianship and insufficient supervision of rural left-behind children.In the case of low monitoring efficiency,its legal rights are not protected.Therefore,this paper starts with the improvement of entrusted custody,the improvement of the state custody supervision system and the participation of society,and studies the protection of custody rights of left-behind children in rural areas from the legal aspect.