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Research On The Guardianship Intervention Mechanism Of Left-behind Children In Rural My Country

Posted on:2020-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:P P YangFull Text:PDF
GTID:2436330575498673Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the constraints of the urban-rural dual economic system,the custody of left-behind children in rural areas has become a difficult problem in the period of social transformation in China.The updating of theories such as state parental rights and child welfare pluralism has continually impacted the traditional parental self-governance mode,which has created a new situation of the public law of left-behind children while breaking the original concealment and closure.In this regard the existing guardianship system centered on the General Principles of Civil Law is stretched,and self-adjustment is faced with deep-rooted rural culture and a sloppy leuislative system.The transformation of the principle of foreign best interests and the principle of proportionality applies to left-behind children.The construction of the monitoring intervention mechanism provides conceptual support.On the basis of accurate data analysis.this article comprehensively uses literature analysis,experience summarization and other methods to try to clarify the basic problems of the existing guardianship system for left-behind children,and based on China's specific national conditions to appropriately learn from and transform the use of extraterritorial legislative experience,and Try to mobilize the power of the multi-subjects,in order to provide a statement for the construction of the administrative,legislative,judicial and social integration of rural left-behind children monitoring intervention linkage mechanism.The article is divided into four parts from the discovery of-the problem,the embedding of the theory,and the advancement of the countermeasures.The first part clarifies the related concepts of rural left-behind children's custody through literature analysis and qualitative analysis research methods,and interprets the existing custody types through data analysis methods,and initially puts forward the "existential theory"of rural left-behind children's custody intervention in China.The basic overview of the follow-up mechanism is paved the way.The second part focuses on the influence of the traditional family autonomy guardianship theory on the existing guardianship system for rural left-behind children,and puts forward the concept of state parental rights and welfare pluralism as the theoretical basis of guardianization of public law,and specifically analyzes how the relevant ideas become left behind.The spur and foundation of the construction of child care intervention mechanisms.The third part is a detailed interpretation of the status quo of guardianship intervention for lett-behind children in rural areas.Starting from the status quo of legislation and the status quo of application,combined with the latest legislation and case analysis of the left-behind children's custody intervention,so as to prescribe the right medicine.The fourth part is the focus of the article writing.Through the reshaping of the concept and the revision of the system,the discomfort of the existing left-behind children's guardianship intervention system is adjusted,and the early warning and judgment mechanism of discovery,report,assessment and diversion is introduced to enrich the procedures for left-behind children's intervention.The design proposes the construction of the intervention linkage mechanism involving the multiple subjects of left-behind children.
Keywords/Search Tags:Left-behind children, Public law of custody, Remodeling of principles, Construction of intervention mechanism
PDF Full Text Request
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