关注“较不利者”:农村留守儿童监护缺失的正义性反思

Focus on "the Disadvantaged" :Justice Reflection on the Custody Deficiency of the Left-behind Children in Rural Areas

目前,我国广大农村地区的留守儿童面临监护缺失的困境,严重阻碍了儿童的健康成长,致使农村留守儿童逐渐沦为现代社会发展过程中的"较不利者"。由于主客观因素致使这些"较不利者"自身合法权益遭到诸多损害:受教育机会遭到剥夺、话语权利丧失等都违背了罗尔斯的正义原则。确立以农村留守儿童利益最大化的家庭监护理念、强化对委托监护职责履行的监督、完善监护法律制度、促进对"较不利者"的利益补偿实践是推进农村留守儿童监护正义化的有效途径。

At present,the left-behind children in rural areas of our country are faced with the dilemma of custody deficiency, which seriously hinders the healthy growth of children and makes them become the ＂ disadvantaged＂ in the legitimate rights and interests under the influence of subjective and objective factors including the deprivation of educational opportunities and the loss of discourse rights, which have violated Rawls＇s principle of justice. The effective ways to promote the supervision and justice are to inforce the con- sciousness of family custody to maximize the children interests, to strengthen the supervision of entrusted guardianship duties, to perfect the legal system and to promote their interest compensation.