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A person who exercises guardianship and assumes obligations is called a guardian. There are three types of guardians, namely, statutory, appointed, and entrusted. The parents are the legal guardians of the minor.
In addition to supervising and protecting minors' persons, property, and other lawful rights and interests, the law provides for the purpose of cultivating, educating, and disciplining minors, so that minors can grow up healthily in accordance with the requirements of legal norms and social norms of public morality, prevent and reduce the occurrence of juvenile violations and crimes, and discipline and correct juveniles' negative behavior.
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Article 16 of the General Principles of the Civil Law of the People's Republic of China: The parents of minors are the guardians of minors.
Where minors' parents are deceased or have no capacity for guardianship, one of the following persons is to serve as guardian:
1) Grandparents;
2) Brother and sister;
3) Other close relatives or friends who are willing to bear guardianship responsibilities have the consent of the minor's father's or mother's work unit or the residents' committee or villagers' committee for the minor's residence.
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.
Where there is no guardian provided for in paragraphs 1 or 2, the minor's parent's work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence is to serve as the guardian.
Article 18: Guardians shall perform guardianship duties, protect the ward's person, property and other lawful rights and interests, and must not dispose of the ward's property except for the benefit of the ward.
Guardians exercise their guardianship rights in accordance with law and 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 responsibility; Where property losses are caused to wards, compensation shall be made for the losses. People's courts may revoke guardianship qualifications on the basis of an application by relevant persons or units.
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At the present stage, the level of economic development in China's rural areas is low, laws and regulations are not perfect, and social security is not perfect, and there are too many unsatisfactory places. What's more, "left-behind children" are just a new thing in recent years, and it takes time!
Whether it is from the perspective of law (mostly reflected in education) or morality, it is the duty and responsibility of guardians to ensure that children can grow up healthily. (In fact, those parents who go out to work are also forced to be helpless, you should also think about them).
What do people rely on to supervise guardians to fulfill their obligations? I'm dizzy!
The public does not have the right to supervise guardians, but in fact, the people's courts and relevant organs have assumed the duties of guardianship supervisors.
I think you have a sense of justice, but.
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Legal analysis: 1. Filial piety management of the ward's property. Guardians may reasonably use and dispose of the ward's property in accordance with law.
2. Conduct civil activities and civil litigation activities. 3. Protect the legal rights and interests of the ward's person, property, etc. Due to the limitations of civil capacity, wards do not have the ability to fully protect themselves, and are relatively vulnerable to intrusion and damage from the outside world.
Guardians have the right and duty to protect them. 4. Educate and take care of the ward. Guardians shall fulfill their duty to educate and care for minors under their guardianship, so that they can obtain physical and mental health and stability in their lives.
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 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 guardians are 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's guardian.
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Parents, as the legal guardians of their children, shall assume guardianship duties in accordance with law, that is, supervise and protect their children's persons, property, and other lawful rights and interests in accordance with law. The guardianship duties of the guardian include: protecting the physical health of the ward, taking care of the ward's life, managing and protecting the ward's property, and managing and educating the ward.
According to the provisions of the Civil Code, if a guardian fails to perform his or her guardianship duties or fails to fulfill his or her guardianship responsibilities, he or she shall bear the corresponding responsibility. Their parents also have some guardianship responsibilities.
1. For children who make mistakes, don't say it indiscriminately, or preach loudly to your child, or be angry with your child, even if you are already angry, this is unacceptable. The attitude and way of dealing with parents plays a key role in learning how to communicate with others as children grow up.
2. As parents, we should first understand the situation, and then use guidance to guide children to think and think and practice, and only remind or guide children what to do when necessary. No matter how good the theory is, it can't be worth a practical operation, so that the child can understand more. Dear parents, parents are their children's first teachers, and they have an unshirkable responsibility for educating their children.
Some people say that parents are like a beacon for the child's life boat to move forward, if the child is pointed out to the right course from the beginning, the child's life boat will be stable and far, and there will never be a risk of running aground.
On the contrary, if parents do not actively guide their children's growth at the beginning, or adopt a simple and rude way to guide their children, the child's life will be very hard, and the boat of life will break down and sink at any time.
Therefore, in the future, if a child is in trouble, parents should have more love and patience, and deal with it in the right way to help the child grow up healthily.
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If the ward is under the age of 18, the certificate of guardianship of the minor shall be issued at the household registration management department of the public security organ where the minor's household registration is located. If the ward is a mentally ill person with no or limited capacity for civil conduct, the certificate shall be issued by the residents' committee, villagers' committee, or civil affairs department.
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A boy who can understand himself, tolerate himself, and be considerate of himself.