Research On The Intervention System Of The Guardianship Rights Of Left-behind Children In Rural Areas

Problem about left-behind children in rural areas remains a great concern during urbanization.Since China is at the primary stage of socialism,this problem cannot be resolved in the short term.More importantly,this issue is not only about social stability and healthy development,but about the implementation of the rural revitalization strategy.However,the long-term "left-behind" characteristic seriously hinders the healthy growth of China's society.Ministry of Civil Affairs defines that minors under the age of 16 in rural areas are left-behind children,indicating that they have no complete civil capacity.That is to say,the realization of their legal rights and interests depends on the guardian's custody.Whether the rights and interests of rural left-behind children are infringed upon by others,or the rights and interests of rural left-behind children are infringed,they all reflect the unsound family custody.In this regard,it is critical to improve the guardianship system.Based on the opinions Party's 19th National Congress,2018 and 2019 Central No.1 Document,2019 Government Work Report and from the perspective of caring for left-behind children in rural areas,this paper aims to discuss how to improve the existing legal system from the perspective of the state's intervention in the custody of left-behind children in rural areas.By analyzing the particularity of guardianship of left-behind children in rural areas and the problems of guardianship,it is necessary to observe the supervision of left-behind children by state public rights.The system of public right intervention and guardianship in foreign countries is relatively sound and related foreign laws have provided advanced system norms for reference.On the basis of the existing legislation in China,this paper reviews the deficiencies and puts forward the corresponding innovative approaches to improve the system.This paper mainly uses case analysis method,literature research method and comparative research method.In addition to the introduction,this paper is mainly divided into four parts:Chapter 1,overview of Public Rights Intervention for Guardianship of Left-behind Children in Rural Areas.This part first defines the related concepts,and then analyzes the status quo of left-behind children's custody.Its custody has certain problems because of its certain specialities.Thirdly,based on the current situation of guardianship of left-behind children,the necessity of public rights intervention in their custody is proposed.Finally,it analyzes the policy basis and theoretical basis of public trust intervention.Chapter 2,legislation and review of public security intervention for guardianship of left-behind children in rural areas.This part first sorts out the relevant legislation of public rights intervention for left-behind children's custody,combines the legal problems exposed by case analysis and foreign practice,reviews the current situation of China's legislation,and analyzes the existing deficiencies of relevant systems,namely the lack of special Legislation,the national subrogation system is flawed,and the guardianship supervision mechanism is unreasonable.Chapter 3,foreign law for the intervention of public security in rural left-behind children.This part analyzes and summarizes several typical state systems by analyzing the system of foreign law,and summarizes some of the implications for China.For example,it formulates specific legislation,the principle of public rights intervention,and clarifies the relationship between national subrogation and guardianship supervision.These practices have certain reference significance for improving the public security intervention system for left-behind children in China.Chapter 4,Institutional innovation of public security intervention for guardianship of left-behind children in rural areas.For the part,suggestions on China's system innovation are provided,which is the aim of this paper.By analyzing the existing legal status quo,deficiencies of the current system are pointed out.Considering the current legislation situation and system deficiencies in China,this paper proposes reform suggestions in terms of legislative model,state guardianship and state supervision,by drawing on the advanced experience of foreign laws.For legislation,establish a dedicated legal system,and distinguish parental rights and guardianship;in regards to the state guardianship system,specific suggestions are put forward from the aspects of the subject,duty and responsibility of the state public guardianship;as for state supervision,it is recommended that guardianship supervisors and and its duties be established and the system of mandatory reporting be improved.