我国农村留守儿童权益法律保护问题研究

发布时间：2018-09-13 05:47

【摘要】：中国农村大规模转移剩余劳动力是从二十世纪八十年代初开始,发展到现在,农村剩余劳动力向城市迁移已经成为推进中国社会经济发展的重要渠道。而且,中国城乡差异的“二元经济体制”以及对应户籍管理制度,使得我国成千上亿农村劳动力进城打工不得不选择城乡“两栖”办法,而这一情况同时带来中国特色的农村“留守儿童”,即进城打工的农民工把他们的孩子留在农村自己只身闯天下,伴随着时间的推移,“留守儿童”的队伍不断扩大,引发了诸多社会、家庭问题,由此引起人们普遍关注。本篇论文当中,作者通过参考大量的文献资料对“留守儿童”进行概括性了解,由此,立足于人权和法律视角,基于农村留守儿童相关的权益保护作为论文切入点,从而对留守儿童权益保护现状如其受教育权、受监护权、人身权等开展全方位的深入研究,并寻找其中存在的问题。例如,因为缺乏父母监护,农村留守儿童大量出现失学情况,学校教育难以发挥更大作用；农村留守儿童的健康权、身体权、生命权容易受到侵害；单亲监护、隔代监护、亲属监护、同辈监护弊端明显；同时,根据存在的这些问题,作者认真梳理、深入剖析,提出了一些解决这些问题的法律对策。作者认为,我们应从以下几个方面着手解决我国农村留守儿童权益保护问题：首先,应完善我国法律层面针对农村留守儿童相关的法律法规由此提供保护其合法权益的法律有力保障；基于相关法律法规的制定、修订中,关于留守儿童切身利益的法律法规如受教育权、受监护权、人身权等等,以及法律援助制度等,需要进行特别关注并确定；要强化父母作为法定监护人的法律责任,完善委托监护制度的法律规定,建立国家监护制度,确立监护人监督的法律制度,这是从根本上解决留守儿童问题的主要途径；要健全保障留守儿童身心健康正常发展的相关法律法规以及服务体系达成切实提升留守儿童开展自我保护之目的,严厉打击针对留守儿童的各类犯罪为农村留守儿童权利保护、促进社会和谐提供强有力的司法支持。
[Abstract]:Since the beginning of 1980s, the large-scale transfer of surplus labor force in rural areas in China has become an important channel to promote the social and economic development of China. Moreover, the "dual economic system" of China's urban-rural differences and the corresponding household registration management system have forced thousands of rural laborers in China to work in cities and have to choose the "amphibious" method in urban and rural areas. This situation also brings the rural "left-behind children" with Chinese characteristics, that is, migrant workers who work in cities leave their children alone in the countryside, and with the passage of time, the ranks of "left-behind children" continue to expand. Caused many social, family problems, which caused widespread concern. In this paper, the author makes a general understanding of "left-behind children" by referring to a large number of literature, thus, based on human rights and legal perspective, based on the protection of rural left-behind children's rights and interests as the entry point of the paper. In order to protect the rights and interests of left-behind children, such as their right to education, custody, personal rights and so on to carry out a comprehensive in-depth study, and find out the existing problems. For example, due to the lack of parental custody, a large number of children left behind in rural areas are out of school, and it is difficult for school education to play a greater role; the rural left-behind children's right to health, physical rights and right to life are vulnerable to violations; and single-parent guardianship, custody from generation to generation, The disadvantages of kinship guardianship and peer guardianship are obvious, at the same time, according to the existing problems, the author makes a careful analysis, and puts forward some legal countermeasures to solve these problems. The author holds that we should solve the problem of protecting the rights and interests of the left-behind children in rural areas from the following aspects: first of all, It is necessary to perfect the laws and regulations related to the rural left-behind children in our country, which can provide the legal protection for their legitimate rights and interests; based on the formulation and revision of the relevant laws and regulations, Laws and regulations on the vital interests of left-behind children, such as the right to education, guardianship, personal rights, etc., as well as the legal aid system, require special attention and determination; the legal responsibility of parents as legal guardians should be strengthened. Perfecting the legal provisions of entrustment guardianship system, establishing the state guardianship system and establishing the legal system of guardian supervision are the main ways to solve the problem of left-behind children fundamentally; It is necessary to improve the laws and regulations related to the normal development of the physical and mental health of left-behind children and the service system to achieve the goal of effectively promoting self-protection for left-behind children, and severely crack down on the protection of the rights of rural left-behind children against all kinds of crimes committed by left-behind children. To promote social harmony and provide strong judicial support.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.183

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