农村留守儿童监护问题的法律思考

发布时间：2018-07-20 19:44

【摘要】：我国科技经济在农村建设中不断发展,是由于引进了大量的技术装备,而不再局限于人们面朝黄土的情况,大量的剩余劳动力为了增加经济收入,远离家乡,走向城市寻找他们的工作机会,这就导致了全国范围的农民外出务工。这些农民工大多是青壮年,有自己的孩子,但生活在城市需要高昂的成本,他们的工作环境的不稳定性,以及户籍因素使得他们的孩子上学受到限制,他们不得不留在自己的孩子在农村,请其他人照顾他们的孩子。对于这些由于他们的父母在城市务工,与父母分开而留在农村生活的儿童群体,有一个共同的称呼--农村留守儿童。随着社会的不断发展,各种矛盾和问题也日益凸显,农村留守儿童的生活环境也受到影响,在生活、教育、安全等各方面的问题也随着媒体的报道为社会大众所知晓。特别是安全事故不断发生,许多农村留守儿童的人身安全得不到了保障,溺水,电击,被侵害事件不时发生,令人痛心。仔细研究这个儿童群体,可以发现目前大多数农村留守儿童是在没有父母陪伴的情况下生活,有些由其他亲戚朋友照顾,但这些亲戚朋友由于各种原因,导致留守儿童的监护在一定程度上缺失。儿童是祖国的明天,肩负着建设祖国的使命。农业,农村和农民的问题突出,农村留守儿童作为农村经济和城市经济不平衡发展的产物,需要整个社会的重视和帮助。本篇论文是在社会分析、比较分析的基础上,综合运用了文献研究、总结经验的方法,在理论论述农村留守儿童及其监护的相关概念、现状的同时,指出农村留守儿童监护中存在的一些问题,然后介绍和借鉴国外发达国家的未成年人监护制度规定中的经验,建立和健全一个完全适合我国国情的我国农村留守儿童监护制度,提出如何完善农村留守儿童监护体系的相关法律建议。文章的论述由四个部分组成。第一部分,理论论述农村留守儿童及其监护的理论概念和对其进行研究的价值和意义。运用社会分析、逻辑分析简单阐述农村留守儿童的生存现状及其监护的概念、性质和内容;第二部分,运用文献研究、描述性研究、及定性分析的方法,重点论述农村留守儿童监护的现状、问题和成因;第三部分,运用经验总结的方法,借鉴国外监护制度,总结优秀经验,以期得到完善我国监护制度灵感启示;第四部分,通过理论分析,综合学者们的争论,总结出自己关于农村留守儿童监护问题中的难点问题及解决办法的观点;最后结合我国国情,提出解决农村留守儿童监护问题,健全和完善农村留守儿童监护制度的法律建议。
[Abstract]:The continuous development of our country's science and technology economy in rural construction is due to the introduction of a large amount of technical equipment, and no longer confined to the situation where people face the loess. In order to increase economic income, a large number of surplus labor forces are far away from their hometown. Going to the cities in search of their jobs has led to the countrywide migration of farmers to work. Most of these migrant workers are young and have children of their own, but living in cities requires high costs, instability in their working environment, and household registration factors that limit their children's schooling. They had to stay with their children in the countryside and ask others to take care of their children. There is a common term for these groups of children who live in the countryside because their parents work in the cities and are separated from their parents-rural left-behind children. With the continuous development of society, various contradictions and problems are increasingly prominent, the living environment of rural left-behind children is also affected, in life, education, security and other aspects of the problems are also known to the public with the media. Especially, safety accidents occur constantly, and the personal safety of many children left behind in rural areas is not guaranteed, drowning, electric shock, and being violated from time to time, which is distressing. After careful study of this group of children, we can find that most of the children left behind in rural areas currently live without their parents, some of which are taken care of by other relatives and friends, but these relatives and friends are taken care of for various reasons. This leads to the absence of custody of left-behind children to a certain extent. Children are the future of the motherland, shouldering the mission of building the motherland. The problems of agriculture, rural areas and farmers are prominent. As the product of unbalanced development of rural and urban economy, children left behind in rural areas need the attention and help of the whole society. This paper is based on social analysis, comparative analysis, comprehensive use of literature research, summing up the method of experience, in the theory of rural left-behind children and their guardianship of the relevant concepts, at the same time, This paper points out some problems existing in the rural left-behind children's guardianship, and then introduces and draws lessons from the experiences of the minors' guardianship system in the developed countries, and establishes and perfects a rural left-behind child guardianship system which is fully suitable for the national conditions of our country. Put forward how to improve the rural left-behind children guardianship system related legal advice. The article is composed of four parts. The first part discusses the theoretical concept of rural left-behind children and their guardianship and the value and significance of their research. Using social analysis and logic analysis, this paper briefly expounds the current situation of rural left-behind children's survival and the concept, nature and content of their guardianship. The second part uses literature research, descriptive research, and qualitative analysis methods. The third part, using the method of experience summary, drawing lessons from foreign guardianship system, summing up the excellent experience, in order to get inspiration from the improvement of the guardianship system in China. Through theoretical analysis and comprehensive scholars' arguments, the author sums up his own views on the difficult problems and solutions to the problem of rural left-behind children's guardianship, and finally proposes to solve the problem of rural left-behind children's guardianship according to the situation of our country. Legal advice on improving and perfecting the guardianship system of left-behind children in rural areas.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.183

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