What is the outline of the guardianship system and the content of the guardianship system?

1. Overview of the guardianship system (1) The concept and characteristics of guardianship 1The concept of guardianshipGuardianship refers to the legal system that supervises and protects the person, property, and other legitimate rights and interests of a specific natural person in accordance with the law, and the person who performs the duty of supervision and protection is called the guardian, and the specific natural person who is supervised and protected is called the ward. 2.

Guardianship has the following legal characteristics. (1) The guardian must have guardianship capacity. In the guardianship relationship, the guardian has the obligation to supervise and protect the ward, and when necessary, the ward must carry out certain civil activities, therefore, the guardian must have full civil capacity, and at the same time have the ability to take care of and manage the ward.

2) The scope of the ward is specific, and the person must be a person with no or limited capacity for civil conduct. The ward is a person who has no or limited capacity for civil conduct, that is, a person who does not have full capacity for civil conduct. (3) The relationship between the guardian and the ward is specific.

There must be a kinship, or friendship, or administrative subordination relationship between the guardian and the ward. (4) The content of guardianship is statutory. The relationship between the rights and obligations of the guardian and the ward must be expressly provided for by law, and must not be changed by agreement between the two parties, and the guardian must bear the corresponding legal responsibility if he fails to perform guardianship duties.

2) Classification of guardianship The classification of guardianship can vary depending on the classification criteria, and the main classification is as follows: 1According to the different objects of guardianship, guardianship can be divided into guardianship of minors and guardianship of adults (or persons who are prohibited from giving birth).

From the perspective of world legislation, the establishment of guardianship for minors who are not under parental authority is the main content of the guardianship system, which is regarded as a supplement and extension of parental authority. In addition to the need for minors to establish a guardianship system to protect their legitimate rights and interests, some adults also need to be placed under guardianship, and such adults often have reached the age of majority prescribed by law, but do not have the intelligence and willpower represented by this age, so the law does not regard them as having full capacity for civil conduct. In China's "General Principles of Civil Law", it is referred to as "mentally ill", and in foreign legislation, it is called "forbidden to treat people", including mentally ill people, as well as alcoholics and wasters.

Legal Analysis: The work guardianship system is the main measure to ensure personal safety and correct operation. The duty of the guardian is to ensure the safety of the staff at work, and the content of the guardianship is:

In the event of a partial power outage, monitor the range of movement of all staff to keep a specified safety distance from the live equipment; When working with electricity, monitor the range of activity of all workers to keep a safe distance from the grounding part; Monitor whether all staff use their tools correctly, whether their working positions are safe, and whether their operating methods are correct; At work, when the guardian leaves the work site for any reason, he must appoint a guardian and inform the staff to promote and dismantle the worker, so that the guardianship work will not be interrupted; When the guardian finds that the staff has incorrect actions or violations of the rules, he or she shall promptly propose corrections, and if necessary, he may be ordered to stop his work and report to his superiors immediately; All staff (including the person in charge of the work) are not allowed to stay alone indoors or in the high-voltage equipment area of the distribution station to avoid accidental electric shock or arc burns.

Legal basis: Labor Law of the People's Republic of China

Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided for by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

Article 33 The employees of an enterprise and the enterprise may sign a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. The draft of the collective contract shall be submitted to the workers' congress or all employees for discussion and approval. Collective contracts are signed by trade unions and enterprises on behalf of employees; In enterprises that have not established a trade union, the contract shall be signed between the representatives elected by the employees and the enterprise.

Article 52 Employers must establish and improve a labor safety and health system, strictly implement national labor safety and health regulations and standards, conduct labor safety and health education for workers, prevent accidents in the labor process, and reduce occupational hazards.

1) The guardianship duties of the guardian include: protecting the ward's physical health, taking care of the ward's life, managing and protecting the ward's property, conducting civil activities for the ward, returning and educating the ward, and conducting litigation when the ward's lawful rights and interests are violated or disputes arise with others;

2) The determination of guardianship's capacity for guardianship shall be determined on the basis of factors such as the guardian's physical health, economic conditions, and contact with the ward's daily life;

3) Close relatives as provided for in the Civil Code, including spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren;

4) The provisions of article 28 of the Civil Code apply to the appointment of guardians for minors suffering from mental illness;

5) Where guardians are determined by agreement between persons with guardianship qualifications, the guardian determined by the agreement shall bear guardianship responsibility for the ward;

6) Where there is controversy over serving as guardians, the relevant organizations shall appoint them. Where a lawsuit is brought to a people's court without designation, the people's court will not accept it;

7) Where the relevant organization appoints a guardian in accordance with the provisions of the Civil Code and notifies the designated person in writing or orally, the designation shall be found to be established. Where the designated person is not satisfied, he shall file a lawsuit with the people's court within 30 days of receiving the notice. where the lawsuit is filed within the time limit, it is to be handled as a modification of the guardianship relationship;

8) After the guardian is appointed, it must not be changed on its own. where changes are made without authorization, the original appointed guardian and the changed guardian bear guardianship responsibility;

9) Where the designated person is dissatisfied with the designation and initiates a lawsuit, the people's court shall, in accordance with provisions, make a judgment to uphold or revoke the appointment of a guardian. If the judgment is to revoke the original designation, a guardian may be appointed at the same time.

10) The guardian does not perform guardianship duties, or infringes upon the lawful rights and interests of the ward, the Civil Code

Clause. Two. Ten.

7. Where other persons or units with guardianship qualifications as provided for in article 28 file a lawsuit with the people's court, requesting that the guardian bear civil liability, it is to be tried in accordance with the ordinary procedures; Where a request is made to change the guardianship relationship, it is to be heard in accordance with the special procedures; Where both civil liability and guardianship are requested, separate trials are required.

Where there is a dispute over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile is to designate a guardian, and where the relevant parties are not satisfied with the designation, they may apply to the people's court for the appointment of a guardian; Relevant parties may also directly apply to the people's court for the appointment of a guardian.

In our lives, we often see such controversies, that is, the issue of child custody, many people because they do not understand the knowledge of the appointment of guardians, resulting in a lot of jokes, but also bring a lot of trouble to the rule of law, at this time we need to pay attention to the change of guardianship, in accordance with the special procedures; Where both civil liability and guardianship are requested, separate trials are required.

1. The concept of guardianshipGuardianship refers to the legal system that supervises and protects the person, property and other legitimate rights and interests of a specific natural person in accordance with the law.

2. The content of the guardianship system. The content of the guardianship system involves the commencement of guardianship, guardianship institutions, guardianship qualifications and duties, the establishment, alteration and termination of the guardianship relationship, the remuneration of guardians, guardianship responsibilities, etc.

Article 35 of the Civil Code of the People's Republic of China: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.

When making decisions related to the interests of the ward, the guardians of minors shall respect the true wishes of the wards on the basis of the ward's age and mental status.

Guardians of adult models shall respect the true wishes of the ward to the greatest extent possible in performing guardianship duties, and ensure and assist the ward in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.