It is also possible not to assume the responsibility of guardianship, and the parents of the child w

Updated on society 2024-03-24
4 answers
  1. Anonymous users2024-02-07

    Legal Analysis: The guardian is responsible for the child's correction or mistake. The law stipulates that if a person without civil capacity or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability.

    Where guardians perform their guardianship duties, their tort liability may be reduced. Where a person who lacks or has limited capacity for civil conduct causes harm to others, and the guardian entrusts guardianship duties to others, the guardian shall bear tort liability; If the trustee is at fault, he shall bear the corresponding responsibility.

    Legal basis: Civil Code of the People's Republic of China

    Article 188: Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced.

    Article 1189:Where a person who lacks or has limited capacity for civil conduct causes harm to others, and the guardian entrusts guardianship duties to others, the guardian shall bear tort liability; If the trustee is at fault, he shall bear the corresponding responsibility.

  2. Anonymous users2024-02-06

    We all know that there are a lot of children who are very naughty, especially when they are very young. We see a lot of kids because they're so naughty, so sometimes they get into trouble. Anyway, as far as parents are concerned, every parent is very concerned and loving about their children.

    Because for parents, they know that their children are their hearts, and I think every parent wants to be able to better care for and take care of their children. But we know that some children are very naughty. These naughty children often get their parents in trouble.

    So some people want to know if the bear child is in trouble, should the parents be responsible?

    There may be a small number of parents. They think that it is the bear child who makes the mistake, and since the child has made a mistake, then the parents as long as they have done it to educate the child, this is enough. Because after all, the child is very young, so even if it is to punish the child, it is very unrealistic.

    And it's the children who make the mistakes. So if you punish a parent, it's obviously not a reasonable thing to do, so some parents think that it's the child who makes the mistake and shouldn't be punished as a parent.

    But we know that the child is a minor, and since the child is a minor, then his education should be supervised by his parents or guardians. And as parents, they should also care for and take care of their children, and they should also discipline their children strictly, because only in this way can children better restrain themselves, which will also make children more aware of behavior and norms. This will allow your child to avoid making mistakes.

    Therefore, we see that as parents, they should be strict in discipline for the mistakes made by their children, and they should also bear the corresponding responsibility.

    After all, parents are the guardians of their children, so if the children are not disciplined well. Then as parents, they should also bear the corresponding responsibilities. And as parents, they also have to educate their children well, only in this way can their children be more disciplined and wise.

    In this way, in the end, the child can grow up healthier and happier.

  3. Anonymous users2024-02-05

    Where minors' parents or other guardians violate relevant laws and regulations, do not perform guardianship duties, or allow minors to have negative or serious negative conduct, the township people's ** and neighborhood offices are to criticize and educate them, urge them to perform their guardianship responsibilities, and when necessary, the public security organs are to admonish them. Where legally-prescribed circumstances are met, the people's courts are to revoke their guardianship qualifications in accordance with law. Township people's **, neighborhood offices, and village (resident) committees shall strengthen rule of law publicity, guardianship oversight, and guidance for the parents or other guardians of left-behind minors, and supervise and urge them to perform guardianship responsibilities.

    1. What are the circumstances under which guardianship can be revoked?

    According to the "Opinions on Several Issues Concerning the Handling of Guardians' Violations of the Rights and Interests of Minors in Accordance with Law", the court may make a judgment to revoke guardianship if the guardian has any of the following circumstances:

    1. Harming, selling, abandoning, abusing or violently harming minors, seriously harming minors' physical and mental health;

    2. Placing minors unsupervised and uncared for, causing the minor to face the danger of death or serious harm, and not changing after education;

    3. Refusal to perform guardianship duties for more than six months, resulting in the minor** leaving the place or having no means of living;

    4. Those who have vices such as drug abuse, gambling, or long-term alcoholism, are unable to properly perform guardianship duties, or are unable to perform guardianship duties due to serving a prison sentence or other reasons, and refuse to entrust some or all of their guardianship duties to others, causing minors to be in a difficult or dangerous state;

    5. Coercion, enticement, or exploitation of minors to beg, and refusal to make corrections after three or more criticisms and education by public security organs, children's aid and protection institutions, and other such departments, seriously impacting minors' normal life and study;

    6. Instigating or exploiting minors to commit illegal or criminal acts, where the circumstances are heinous;

    7. Other conduct that seriously infringes upon the lawful rights and interests of minors.

    2. What materials do I need to prepare to apply for revocation of guardianship?

    1. Where relevant units and individuals apply to the people's court for revocation of guardianship qualifications, they shall submit relevant evidence.

    Where there is an investigation and assessment report that includes content such as the minor's basic circumstances, problems with guardianship, guardians' remorse, guardians' acceptance of education and counseling, minors' physical and mental health, and minors' willingness to make friends, they shall be submitted together.

    2. Where relevant units and individuals apply to the public security organs or people's procuratorates for the issuance of relevant case certification materials, the public security organs or people's procuratorates shall provide basic materials or written explanations to prove the facts of the case.

    3. In cases where guardians are prosecuted for guardianship violations, the people's procuratorate shall inform the minors and their temporary caregivers in writing that they have the right to apply for revocation of guardianship qualifications in accordance with law.

  4. Anonymous users2024-02-04

    Legal Analysis: 1. Liability for Dereliction of Duty.

    1. When the minor child under guardianship is damaged due to the intentional or negligent actions of the parents, the parents shall bear the corresponding legal responsibility.

    2. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear responsibility.

    3. Where property losses are caused to the ward, compensation shall be made for the losses.

    Second, the generation is responsible. When a minor child causes damage to the state, the collective or others, the parents, as the legal guardians, are liable to compensate for the economic losses.

    Legal basis: Civil Code of the People's Republic of China Article 34 The duties of the guardian are to carry out civil juristic acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.

    The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

    Where guardians do not perform guardianship duties or infringe upon the lawful rights of their wards, they shall bear legal responsibility.

    Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.

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