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

With the rapid development of economy,the pace of urbanization in China has been further accelerated.In order to improve and adjust the economic situation and seek better development,the vast rural labor force has chosen to leave their hometown to start a business in a metropolis.Due to the unstable life of migrant workers,their children are placed under the guardianship of their relatives and friends,thus forming the group left-behind children in rural areas.However,due to imperfect and unclear provisions of the law on guardianship,left-behind children are not well supervised,so that this group is vulnerable to infringement and even commit crimes.Therefore,solving the problem of guardianship of rural left-behind children is of great significance to the stable development of society,the improvement of the legal system and the protection of children's rights and interests.Therefore,through the literature analysis,social investigation,based on the actual situation in rural areas,this paper takes left-behind children in China as the research object,and probes into the problems existing in the custody of left-behind children on this basis,the paper puts forward relevant suggestions for improvement.This paper is divided into three parts:The first part: Based on the concept of left-behind children in China,this paper first analyzes the meaning of left-behind children in China,this is,both or one of the parents have been always for more than six months a minor child under the age of 18 who is left to live with another person is called a left-behind children in China.Secondly,it analyzes the concept and characteristics of guardianship,a kind of behavior that parents go out to work,leave their minor children in the countryside to be entrusted to the guardianship of others,and take care of others both personally and in daily life custody of the left-behind children in China includes legal custody of the parents and guardianship by proxy of others.Its characteristics include weakness,instability and long-term.Finally,the nature of the left-behind children's guardianship(responsibility)and the contents of guardianship were further elaborated,and set the premise for the following discussion.The second part: Based on the actual situation in actual areas,analyzes the ways of left-behind children's guardianship,that is,there are four ways: single-parent guardianship,alternate-generation guardianship,peer guardianship and boarding guardianship.And in-depth analysis of the problems existing in the custody of left-behind children,including unclear entrustment of guardianship duties,unreasonable revocation of guardianship qualifications,incomplete application of the subject in state subrogation guardianship and uncertainty of guardianship duties in various department,as well as lack of effective guardianship supervision mechanism,these problems hinder the protection of the rights and interests of left-behind children.The third part: Recommendations to address emerging legal issues of left-behind children in China.This paper studies the importance of solving the aspects of promoting the systematization of our civil law,making up the deficiency of the legislation of left-behind children's physical and mental health the author also puts forward that the problems of guardianship responsibilities,perfecting the regulations of revoking the qualification of guardianship,perfecting the regulating of state subrogation guardianship,and establishing an effective guardianship and supervision mechanism for left-behind children in China guardians,and increase of punishment for legal liability.