An Empirical Study On The Guardianship Of Left-behind Children In Rural China

Whether rural left-behind children can be effectively guarded is still a major problem affecting the growth and development of left-behind children in rural areas in China.The party and the government have always attached great importance to the protection of the rights and interests of left-behind children in rural areas.They have carried out a series of activities to care for left-behind children in rural areas,and issued a series of policies and regulations to protect the legitimate rights and interests of left-behind children in rural areas.The number of left-behind children in rural areas in China has shown a downward trend.The living environment has also been greatly improved.Through the field investigation of Mengzhai Township in Lankao County,this paper finds that there are still three problems in the guardianship of left-behind children in rural areas in China,such as lack of parental responsibility,inadequate care and lack of mental support.This paper believes that the civil code marriage family should respond to the issue of guardianship of left-behind children in rural areas,and advocate that the marriage family should adopt the ternary structure of parental responsibility,guardianship,and support,and set up a special chapter in the editorial,adding in the chapter on guardianship.The obligation of the guardian to raise the spirit clearly defines parental responsibility in the chapter on parent-child relationships.At the same time,from the perspective of marriage and family law,this paper proposes a refinement path to solve the problem of guardianship of left-behind children in rural areas in China.In addition to the introduction and conclusion,this article consists of four parts:The first part is the basic research on the theory of guardianship of left-behind children in rural China.It defines the concept of rural left-behind children,which is the object of this study,that is,minors under the age of 18 who are forced to stay in rural areas because of the guardian's partial or full employment.According to the literature,it is known that since 2005,China has begun to study the problems of rural left-behind children on a large scale.The research directions are mostly life care,personal safety,mental health,education problems and causes.Explain the shortcomings of current research.First of all,the focus of research is mainly on finding problems,analyzing problems,and lacking attention to solving problems.Secondly,there is a significant lack of research results from the perspective of law;finally,some research results are not targeted.It shows the research angle of this paper,that is,aiming at solving the problem of guardianship of left-behind children in rural areas,from the perspective of marriage and family law,trying to solve this long-standing social problem fundamentally.The second part is the empirical analysis of the status quo and shortcomings of rural left-behind children in China.This paper selects Mengzhai Township of Lankao County as the research place of empirical research.The combination of quantitative survey and qualitative interviews comprehensively reflects the basic situation of rural left-behind children,left-behind children and their parents.The lack of guardianship of rural left-behind children in the stage of investigation mainly includes the lack of parental responsibility,lack of care and lack of mental support.The third part: the construction of the system of guardianship system for rural left-behind children in the Civil Code of Marriage and Family.The analysis of the three pairs of concepts related to the guardianship of left-behind children in rural areas mainly clarifies the connection and difference between parental responsibility,custody and parenting.In the context of the era of the compilation of the Civil Code,this paper advocates that the civil code of the Civil Code should adopt the ternary structure of parental responsibility,custody and support.Specifically,a chapter on guardianship should be set up in the series to increase the guardian's mental support in the chapter on guardianship,and parental responsibility is clearly defined in the chapter on parent-child relationships.The fourth part: At this stage,the resolving path of the problem of guardianship of left-behind children in rural areas in China is refined.The Marriage and Family Law has the attributes of social law and ethical law,and therefore has a relatively unique position in the civil law system.This paper believes that solving the problem of guardianship of left-behind children in rural areas cannot be limited to the regulation of the Civil Code,but also from the perspective of social law and ethical law.The key to eliminating the problem of lack of parental responsibility is to effectively reduce the status quo of rural children staying behind;to solve the problem of inadequate care and care,it is necessary to establish a care and protection system combining family care and institutional care;to solve the problem of lack of mental support,it is necessary to play the role of family,school,society and government.