农村留守儿童权益保障法律机制研究

发布时间：2018-02-25 22:35

本文关键词： 农村留守儿童权益保障法律机制　出处：《兰州大学》2017年硕士论文　论文类型：学位论文

【摘要】：20世纪80年代,随着改革开放的步伐我国城市化和现代化进程不断加快,城市建设飞速发展,庞大的农村人口数量使农村劳动力处于供大于求的状态,为了追求更好的物质生活条件,农村劳动力开始大规模流动到城市务工。受制于城乡二元化和户籍制度、经济条件、教育制度等因素,外出务工农民被迫将子女留在户籍地,和没有外出的父母、祖辈或者其他亲属一起生活,于是形成了农村留守儿童群体。由于长期与父母分开生活,无法接受来自家庭的教育和保护,导致农村留守儿童出现学习成绩较差、自制能力较弱、心理发展失衡、生存环境恶劣等情况。作为一个面临突出问题的特殊群体,农村留守儿童引起了广泛的关注,政府高度重视农村留守儿童,制定了一系列政策法规以解决该群体出现的问题;国内的专家和学者对农村留守儿童问题产生的背景、农村留守儿童的生存状态进行研究,并提出相应的策略力图为解决这一问题提供帮助;民间团体和企业也自发地为农村留守儿童捐钱捐物,组织关爱活动给与他们情感上的关心与爱护。家庭在儿童成长的各个阶段具有不同的主导功能,与非留守儿童相比,父母长期缺位导致农村留守儿童在成长过程中缺少亲情的关爱及有力的保障,出现孤单、自卑、不自信等负面情绪,甚至还会沾染上网、抽烟、打架等不良行为。因为缺少父母的有力保障,农村留守儿童遭受他人伤害和意外事故的风险也大大提升。缺少法律的强制性保障,农村留守儿童的权益难以实现,同时在其权益受到侵害时也没有明确的责任主体和完整的救济机制。上述种种情形都可能造成农村留守儿童人格缺陷、性格扭曲甚至走向犯罪道路的后果。所以,国家应当通过尽快制定针对农村留守儿童权益的专门性法律、制定配合法律有效实施的政策以及相关制度改革等措施,为农村留守儿童营造健康有序的成长环境。
[Abstract]:In 1980s, with the pace of China's reform and opening up, the process of urbanization and modernization has been accelerated, the rapid development of urban construction, the large number of rural population makes the rural labor force in a state of oversupply. In order to pursue better material living conditions, the rural labor force began to move to cities on a large scale to work. Constrained by the urban-rural dualism and the household registration system, economic conditions, and the educational system, migrant workers were forced to leave their children in their places of residence. Living with parents, grandparents or other relatives who have not gone out, thus forming a group of children left behind in rural areas. Because they have been separated from their parents for a long time, they are unable to receive education and protection from their families. As a special group facing outstanding problems, rural left-behind children have caused widespread concern, such as poor academic achievement, weak self-control ability, unbalanced psychological development and poor living environment. The government attaches great importance to the rural left-behind children, and has formulated a series of policies and regulations to solve the problems of this group. Domestic experts and scholars have studied the background of the problems of rural left-behind children, and the survival status of rural left-behind children. And put forward the corresponding strategies to help solve this problem; civil society and enterprises also spontaneously donated money and materials to rural left-behind children. Organization of care activities to give them emotional care and love. Families have different dominant functions in each stage of children's growth, compared with non-left-behind children, The absence of parents for a long time has led to the lack of loving affection and strong protection of rural left-behind children in the process of growing up, resulting in negative emotions such as loneliness, inferiority complex, lack of self-confidence, and even being contaminated with the Internet and smoking. Because of the lack of adequate protection from parents, the risk of rural left-behind children being injured by others and accidents is also greatly increased. Without the compulsory protection of the law, the rights and interests of rural left-behind children are difficult to realize. At the same time, when their rights and interests are infringed, there is no clear subject of responsibility and a complete relief mechanism. All these circumstances may lead to the personality defects of left-behind children in rural areas, the personality distortion or even the consequences of going to the road of crime. The state should establish special laws for the rights and interests of children left behind in rural areas as soon as possible, formulate policies to cooperate with the effective implementation of the law and other measures such as relevant system reforms, so as to create a healthy and orderly environment for rural left-behind children to grow up.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.183

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