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2) The rights arising from the guardian's lawful performance of guardianship duties are protected by law;
3) Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility;
4) Where the guardian is temporarily unable to perform guardianship duties due to emergencies such as emergencies, 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 residence shall arrange necessary temporary living care measures for the ward.
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Legal analysis: 1. Provide food, clothing, housing, medical care and other conditions to ensure the survival and physical health of minors; 2. Take effective measures to protect the safety of minors; 3. Carry out correct education, guidance, and management of minors' sleepy thoughts and behaviors, and prevent and stop minors' negative behavior; 4. Ensure that minors receive education in science, culture and other knowledge in schools; 5. Take care of the lives of minors; 6. Manage and protect the property of minors; 7. Minors engage in civil activities that are incompatible with their intelligence; 8. ** Minors in litigation; 9. Guarantee that minors are not allowed to marry at an early age; 10. Protect the lawful rights and interests of minors from being infringed upon; 11. Ensure that minors and their guardians live together; 12. Public security organs report and request help; 13. Compensation on behalf of others; 14. Guardians must not allow minors under the age of 16 to do child labor.
Legal basis: Article 34 of the Civil Code of the People's Republic of China 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 and interests 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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Legal analysis: The duties of the guardian are as follows: 1. **The ward carries out civil legal acts; 2. Protect the rights of the ward, including personal rights, property rights and other legitimate rights and interests. The rights of guardians arising from the lawful performance of guardianship duties are protected by law.
Legal basis: The duties of guardians in paragraphs 1 and 2 of Article 34 of the Civil Code of the People's Republic of China 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.
Article 35: Guardians in the first paragraph 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.
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1. Protect the health of the ward and take care of the ward's life;
2. Manage and protect the property of the ward, ** the ward's civil activities, and when the ward's legitimate rights and interests are violated or disputes arise with others, ** they will conduct litigation;
3. Manage and educate the ward, and bear civil liability for the ward's behavior that harms the lawful rights and interests of others;
4. The ward carries out civil juristic acts to protect the ward's personal rights, property rights and other legitimate rights and interests;
5. The rights arising from the guardian's lawful performance of guardianship duties are protected by law;
6. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility;
7. Where a guardian is temporarily unable to perform guardianship duties due to an emergency such as a sudden Gao Gao Zheng incident, and the ward's life is left uncared for, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward;
8. ** The ward participates in civil activities and civil litigation activities. The guardian is the legal person of the ward, and the ward exercises civil rights and fulfills civil obligations. When the lawful rights and interests of the ward are infringed, the guardian has the right to file a civil lawsuit against the ward.
When the ward causes harm to others, the guardian bears civil liability. The guardianship of the guardian is protected by law. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear corresponding legal responsibility.
There are two main ways to determine a guardian: agreement and appointing a guardian. Persons with guardianship qualifications in accordance with law may agree to determine guardians among themselves. The agreement determines that the guardian shall respect the true wishes of the ward.
Designated guardianship is a guardianship appointed by the guardianship authority when there is a dispute between persons with legal guardianship qualifications to serve as guardians.
Legal basis
Code of the People's Republic of China
Article 27: Parents are the guardians of their minor children.
Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:
1) Grandparents;
2) brother and sister;
3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.
Article 1188:Where persons who lack or have limited capacity for civil conduct cause harm to others, their guardians bear tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability may be reduced. Where a person with property has no civil conduct that can destroy a person with power or limited capacity for civil conduct and causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.
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Legal Analysis:1Manage the ward's property.
2.** Conduct civil activities and civil litigation activities.
3.Protect the lawful rights and interests of wards such as persons and property.
4.Educate and care for the ward.
5.Bear civil liability for the damage caused by the ward to others.
Legal basis: Article 34 of the Civil Code of the People's Republic of China 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 guardian of the elderly.
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 and interests of their wards, they shall bear legal responsibility.
Where, due to emergencies or other emergencies, the guardian is temporarily unable to perform the duties of guardianship for the rest of the ward, 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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1) ** The ward carries out civil juristic acts (2) protects and manages the personal rights, property rights and other legitimate rights and interests of the ward (3) the guardian shall perform guardianship duties in accordance with the principle of the best interests of the ward (4) the guardian shall not dispose of the property of the guardian in addition to safeguarding the interests of the ward, and the guardian shall also perform the duty of care in careful management, otherwise the guardian shall compensate for the property loss of the guardian. (5) Respect the ward's autonomy (6) Where the guardian is temporarily unable to perform guardianship duties due to emergencies such as emergencies, and the ward's life is in a state of no one to take care of them, the neighborhood committee, village committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care for the ward.
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1) ** The ward carries out civil juristic acts (2) protects and manages the personal rights, property rights and other legitimate rights and interests of the ward (3) the guardian shall perform guardianship duties in accordance with the principle of the best interests of the ward (4) the guardian shall not dispose of the property of the guardian in addition to safeguarding the interests of the ward, and the guardian shall also perform the duty of care in careful management, otherwise the guardian shall compensate for the property loss of the guardian. (5) Respect the ward's autonomy (6) Where the guardian is temporarily unable to perform guardianship duties due to emergencies such as emergencies, and the ward's life is in a state of no one to take care of them, the neighborhood committee, village committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care for the ward.
Legal division and analysis: Where there is a dispute over serving as a guardian, the minor's parent's work unit or the residents' committee or villagers' committee for the minor's place of residence is to designate it among close relatives. Where a lawsuit is filed against the designation, the people's court is to make a ruling. >>>More
If the ward dies, the legal relationship of guardianship has been extinguished, and the guardian no longer needs to perform guardianship duties. >>>More
General Provisions of the Civil Code. Article 28: Adults who lack or have limited capacity for civil conduct are to be the guardians of the following persons with guardianship capacity in order: >>>More
If the ward is a minor, the guardianship certificate shall be issued at the household registration management department of the public security organ; If the ward is a mentally ill person with no or limited capacity for civil conduct, the guardian certificate is to be issued by the residents' committee, villagers' committee, or civil affairs department. >>>More
It should be judicially confirmable, and although the result determined by the judicial organ is not as direct as the result of the court's decision, the decision made by the body of the national legal department has the same legal effect. Therefore, it is completely possible to change the guardian from the judicial notary department.