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What kind of responsibility should the guardian of studying abroad bear to the international students?
But when studying abroad, the so-called guardian abroad is actually an emergency contact. If something happens to a student, the guardian will be notified and then the parents will be notified. Strictly speaking, the guardian should also bear the obligation to support the minor ward, but this obviously does not apply to the kind of guardian found by the study abroad agency. Therefore, instead of being a guardian, it is better to be a supervisor, because guardians have legal responsibilities and have no written authorization. The Guardian in Britain is actually just a contact. Of course, when the rights and interests of the ward are infringed, the guardian has the responsibility to maintain them. However, for those who study abroad, they are more likely to just notify their parents, even if they are not formal guardians after all.
To tell the truth, don't expect the British Guardian to bear much responsibility. Guardians are passive responsibilities. They only appear when someone infringes on the rights and interests of the ward or does something that may cause harm to the ward. Usually, they have no right to restrict the ward.
The following are the legal restrictions on guardians in China. Forget British English, rights and responsibilities are roughly the same:
1. Article 133 of the General Principles of the Civil Law stipulates: "If a person with no capacity for civil conduct or a person with limited capacity for civil conduct has property and causes damage to others, he shall be compensated with his own property. The insufficient part shall be properly compensated by the guardian, except that the unit acts as the guardian. "
2. Article 18 of the General Principles of Civil Law of China stipulates: "A guardian shall perform his guardianship duties, protect the person, property and other lawful rights and interests of the ward, and shall not dispose of the property of the ward except against the interests of the ward."
3. Article 10 of People's Opinions stipulates that the guardian's guardianship duties include: protecting the ward's health, taking care of the ward's life, managing and protecting the ward's property, representing the ward in civil activities, managing and educating the ward, and representing the ward in litigation when the ward's legitimate rights and interests are violated or there is a dispute with others.
4. Article 133 of the General Principles of the Civil Law stipulates that "if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability. If the guardian has fulfilled his guardianship obligations, his civil liability may be appropriately reduced. "
5. Article 8 of the Law on the Protection of Minors stipulates: "Parents or other guardians shall perform guardianship duties and support obligations for minors according to law, and shall not abuse or abandon minors; Shall not discriminate against female minors or disabled minors; Infanticide and abandonment are prohibited. "
6. Article 9 of the Law on the Protection of Minors stipulates: "Parents or other guardians shall respect minors' right to education, and must make school-age minors receive compulsory education in accordance with regulations, and shall not make minors who receive compulsory education drop out of school."
7. Article 10 of the Law on the Protection of Minors stipulates: "Parents or other guardians shall educate minors with healthy thoughts, behaviors and appropriate methods, guide minors to engage in activities beneficial to their physical and mental health, and prevent and stop minors from smoking, drinking, wandering, gambling, drug abuse and prostitution."
8. Article 1 1 of the Law on the Protection of Minors stipulates: "Parents or other guardians shall not allow or force minors to get married, and shall not enter into marriage contracts for minors.
9. Article 19 of the Law on the Prevention of Juvenile Delinquency stipulates: "Parents or other guardians of minors shall not let minors under the age of 16 live alone without supervision."
10, Article 20 of the Law on the Prevention of Juvenile Delinquency stipulates: "Parents or other guardians shall not leave minors unattended, and shall not force them to leave home and give up their guardianship duties."
1 1. Parents or other guardians of minors and schools shall promptly stop minors from organizing or participating in gangs that commit bad behaviors. If a gang is found to have committed a crime, it shall report to the public security organ.
12. If parents or other guardians of minors or schools find that someone instigates, coerces or induces minors to commit crimes, they shall report to the public security organs.
According to the above legal provisions, we can see that the guardian must undertake the following obligations:
(1) provide food, clothing, housing, medical care and other conditions to ensure the survival and health of minors;
(2) Take effective measures to protect the safety of minors;
(3) Correctly educate, guide and manage the thoughts and behaviors of minors, and prevent and stop their bad behaviors;
(4) to ensure that minors receive education in school science, culture and other knowledge;
(5) take care of the lives of minors;
(6) To manage and protect the property of minors;
(7) Acting as an agent for minors to engage in civil activities incompatible with their intelligence;
(eight) to represent minors in litigation;
(9) Ensure that minors are not allowed to get married early;
(10) Protect the legitimate rights and interests of minors from infringement;
(1 1) to ensure that minors live with their guardians;
(12) The public security organ reported the case for help;
(13) compensation;
(14) The guardian shall not allow minors under the age of 16 to do child labor.
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