Whether or not the designation of guardianship must go through the community

Discharge from community judicial corrections refers to the completion of the correctional period for persons serving sentences in the community, or where the corrections period has not yet expired but they are returned to prison for enforcement, detained, or deceased, they are to go through the formalities for release from corrections in accordance with provisions. Where persons serving sentences in the community are released at the completion of their term, within 30 days before the expiration of the period, the judicial office is to guide them to complete a "Self-Evaluation" and fill out the "Appraisal Form for the Release of Persons Serving Sentences from Community Sentences", and the judicial office or police station is to make an opinion on the release from corrections, and the neighborhood (town) community corrections work leading group is to convene a review meeting with the participation of relevant persons such as the person responsible for the evaluation, community police, community cadres, volunteers, guardians (relatives), etc., to conduct a review of the community corrections situation of the persons serving sentences in the community, and make an evaluation based on the results of the evaluation. It shall also be reported to the district judicial bureau and the district public security bureau for approval, and the judicial office and public security police station shall announce it to themselves and the community residents in the community, and at the same time report to the district people's procuratorate for the record. Where the correction period has not yet been completed but they are taken into custody for enforcement, detained, or deceased, the judicial office is to provide relevant supporting materials, report to the district judicial bureau and district public security bureau for approval of the release of corrections, and at the same time report to the district people's procuratorate for filing.

1. Only the nominee has the right to file a lawsuit if he is dissatisfied with the appointment, and the other parties do not have such a right.

2. The relevant organizations are juxtaposed, and an organization can make a decision on designation without the consent of other relevant organizations or through consultation. This determines that the form of appointing a guardian only needs to be appointed by a relevant organization in accordance with the principles stipulated in the General Principles of the Civil Law, and written notice is appropriate.

3. The authority to appoint guardianship as stipulated in the General Principles of the Civil Law is the residents' committee or villagers' committee of the ward's domicile. The appointment of guardianship may be made orally or in writing, and the appointment is established as soon as the notice of the appointment of guardianship is sent to the nominee.

4. If the designated person is not satisfied with the designation, he may file a lawsuit with the people's court within 30 days from the day after receiving the notice of designation, and the people's court will make a ruling. If the designated guardianship person does not file a lawsuit, it shall take effect 30 days after receiving the notice; In the case of a lawsuit, it takes effect from the date of the court's decision.

According to Article 17 of the Opinions, "the appointment of a guardian by a relevant organization may be notified in writing or orally, without the need to notify other parties or other relevant organizations at the same time."

Communities may appoint guardians, and the residents' committee for the ward's domicile is to appoint guardians in accordance with the principle of the best interests of the ward, and where the parties concerned 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.

[Legal basis].

Article 31 of the Civil Code of the People's Republic of China.

Where there is a dispute over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department of the ward's domicile is to appoint a guardian, and if 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.

Residents' committees, villagers' committees, civil affairs departments, or people's courts shall respect the true wishes of the ward, and follow the principle of the best interests of the ward to appoint a guardian among those who have guardianship qualifications in accordance with law.

Where the ward's personal rights, property rights, and other lawful rights and interests are unprotected before a guardian is appointed on the basis of the provisions of the first paragraph of this article, the residents' committee, villagers' committee, relevant organization as provided for by law, or civil affairs department for the ward's domicile is to serve as the temporary guardian.

After the guardian is appointed, it must not be changed without authorization; Where changes are made without authorization, the responsibility of the appointed guardian is not exempted.

Legal Analysis: Yes, a guardian can be appointed in the community. Where there is controversy over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile is to appoint a guardian.

Legal basis: "Civil Code of the People's Republic of China" Article 31: Where there is a dispute over the determination of a guardian, the residents' committee, the village committee for the lack of limbs, or the civil affairs department for the place where the guardian is domiciled is to appoint 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.

Legal Analysis: Yes, a guardian can be appointed in the community. Where there is controversy over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department for the place where the person under guardianship is late is to appoint a guardian.

Legal basis: Civil Code of the People's Republic of China Article 31: Where there is a dispute over the determination of a guardian, the residents' committee, village committee for judging people's rights, or the civil affairs department for the ward's domicile is to appoint 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.

It is possible for the community committee to appoint a guardian. In accordance with relevant laws and regulations, where other individuals or organizations willing to serve as guardians serve as guardians, they must obtain the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

[Legal basis].

Article 27 of the Civil Code of the People's Republic of China.

Parents are the guardians of minor children.

Where the parents of an adult who are not in charge of guardianship 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 28.

Adults who lack or have limited capacity for civil conduct are to be guardians in the following order by persons with guardianship capacity:

a) Spouse; 2) Parents and children;

3) Other close relatives;

4) 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 ward's residence.