China's Rural Left-behind Children Entrust Guardianship Problems Research

As a result of political and economic factors,a large number of farmers leave the countryside to seek development in the city.Farmers who went out to work have to be separated from their children in their hometown,so rural left-behind children came into being.Rural left-behind children are mainly taken care of by grandparents or entrusted custody by relatives and friends,which to some extent can make up for the lack of parental custody and play a positive role in protecting rural left-behind children.Although our country acknowledges the existence of entrusted guardianship for juveniles in the law,entrusted guardianship has great application space in the protection of left-behind children because of its flexibility.However,there are not too many provisions on entrusted guardianship in civil law,and the existing judicial interpretation is not clear enough.There are many deficiencies in the legislation of entrusted guardianship.It faces many problems in its implementation.The role of law in regulating entrusted guardianship of rural left-behind children is not obvious,which makes the value of entrusted guardianship in protecting left-behind children not fully play.The legislation on entrustment of guardianship in Germany,Japan and Taiwan can provide reference for China to improve the legislation on entrustment of guardianship,as well as beneficial experience for the improvement of entrustment of rural left-behind children.To improve the entrusted guardianship of left-behind children in rural areas in China,we should not only learn from foreign advanced experience,but also proceed from our country's reality,combine the practical dilemma of entrusted guardianship of rural left-behind children,and consider the particularity of rural left-behind children,so as to better meet the needs of left-behind children who are a special and underage group,and better protect the legitimate rights and interests of left-behind children in rural areas.This thesis is divided into four parts:The first part is an overview of entrusted guardianship of left-behind children in rural areas in China.This part mainly defines the basic concept of entrusted guardianship of rural left-behind children,including:the concept and characteristics of rural left-behind children,the concept and type of entrusted guardianship of rural left-behind children,the nature of entrusted guardianship,and the value of entrusted guardianship in protecting rural left-behind children.The second part is about the current situation and dilemma of entrusted guardianship of rural left-behind children in China.Firstly,the existing legislation of entrusted guardianship is interpreted.Secondly,this thesis elaborates the current situation of the protection of rural left-behind children.Finally,the focus of this study is drawn,that is,the practical dilemma faced by entrusted guardianship.And it mainly includes:the qualifications of the trustee are not clear;the scope of the duties that can be entrusted is not clear;the rights and obligations of the guardian and the trustee are not clear;the responsibility of the damage caused by the person under guardianship is not clear,and there is no effective supervision mechanism.The third part is about the experience of overseas legislation on entrusted guardianship.Through the comparative study on the legislation of entrusted guardianship abroad and the realistic dilemma faced by entrusted guardianship in China,sums up the references for improving entrusted guardianship of rural left-behind children.The fourth part is to improve the entrusted guardianship of rural left-behind children.Combining the characteristics of rural left-behind children,and according to the practical dilemma of entrusted guardianship and the lessons learned from foreign experience.And puts forward some suggestions for improving entrusted guardianship of rural left-behind children,including:defining the conditions and limitations of entrusted guardianship,defining the qualifications of the trustee,the rights and obligations of both sides of entrusted guardianship,and the responsibility assumed in entrusted guardianship and establishing supervision mechanism for entrusted guardianship of left-behind children in rural areas.