What is the guardianship system in Article 28 of the General Principles of Civil Law?

13 civil code 202 1 1 will be implemented soon, and the general principles of civil law will be abolished accordingly. What is the guardianship system in the civil code? Paragraph 26 of Article 6868 of the Civil Code stipulates that parents have the obligation to raise, educate and protect their minor children. Adult children have the obligation to support, help and protect their parents. Article 27 Parents are guardians of minor children. If the parents of minors are dead or have no guardianship, the following persons with guardianship shall serve as guardians in turn: (1) grandparents; (2) brothers and sisters; (three) other individuals or organizations are willing to act as guardians, but with the consent of the residents' committee, villagers' committee or civil affairs department of the minor's domicile. Article 28 For adults without or with limited capacity for civil conduct, the following qualified guardians shall serve as guardians in turn: (1) spouses; (2) parents and children; (3) Other close relatives; (four) other individuals or organizations willing to act as guardians, but subject to the consent of the residents' committee, villagers' committee or civil affairs department of the ward's domicile. Article 29 If the guardian's parents act as guardians, they may appoint guardians by will. Article 30.6868 Guardians can be determined by agreement between persons with guardianship qualifications according to law. The agreement stipulates that the guardian should respect the true wishes of the ward. Article 31 Where there is any dispute over the determination of a guardian, it shall be designated by the residents' committee, villagers' committee or civil affairs department of the ward's domicile. If a party refuses to accept the appointment, he may apply to the people's court for the appointment of a guardian. The 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 appoint guardians among those with legal guardianship qualifications according to the principle of being most beneficial to the ward. Before the guardian is appointed in accordance with the provisions of the first paragraph of this article, if the personal rights, property rights and other legitimate rights and interests of the ward are not protected, the residents' committee or villagers' committee in the ward's domicile, the relevant organizations prescribed by law or the civil affairs department shall act as temporary guardians. After the guardian is appointed, it shall not be changed without authorization; Any unauthorized changes cannot exempt the designated guardian from the responsibility. Article 32 If there is no person with guardianship qualification according to law, the guardian shall be the civil affairs department, or the residents' committee or villagers' committee of the ward's domicile who has the conditions to perform guardianship duties. Article 33 An adult with full capacity for civil conduct may, in advance, consult with his close relatives and other individuals or organizations willing to act as guardians and determine his guardian in writing. If he loses or partially loses his capacity for civil conduct, his guardian shall perform his guardianship duties. Article 34 The duty of a guardian is to carry out civil legal acts on behalf of the ward and protect the personal rights, property rights and other legitimate rights and interests of the ward. The right of guardians to perform their guardianship duties according to law is protected by law. If a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear legal responsibility. Due to emergencies such as emergencies, the guardian is temporarily unable to perform his guardianship duties and the life of the ward is neglected. The residents' committee, villagers' committee or civil affairs department of the ward's domicile shall arrange necessary temporary living care measures for the ward. Article 35 A guardian shall perform his guardianship duties for the best interests of the ward. In addition to safeguarding the interests of the ward, the guardian shall not dispose of the ward's property. When performing guardianship duties, guardians of minors should respect the true wishes of the ward according to the age and intellectual status of the ward when making decisions involving the interests of the ward. When performing guardianship duties, adult guardians should respect the true wishes of the ward to the maximum extent, and guarantee and assist the ward to carry out civil legal acts that are suitable for his intellectual and mental health. The guardian shall not interfere with the affairs that the ward has the ability to handle independently. Article 36 If a guardian is under any of the following circumstances, the people's court shall, upon the application of the relevant individual or organization, revoke his guardianship qualification, arrange necessary temporary guardianship measures, and appoint a guardian according to law according to the principle of being most beneficial to the ward: (1) committing acts that seriously damage the physical and mental health of the ward; (2) Failing to perform guardianship duties, or refusing to entrust part or all of guardianship duties to others, resulting in the ward being in a critical state; (3) Other acts that seriously infringe upon the lawful rights and interests of the ward. The relevant individuals and organizations mentioned in this article include: other persons with guardianship qualifications according to law, residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, organizations for the protection of minors, organizations for the elderly established according to law and civil affairs departments. If an individual or organization other than the civil affairs department specified in the preceding paragraph fails to apply to the people's court for revocation of the guardian qualification in time, the civil affairs department shall apply to the people's court. Article 37.6868 Parents, children, spouses, etc. A person who is legally obligated to support, support and support his ward shall continue to perform his obligations after being disqualified as a guardian by the people's court. Article 38 If the guardian's parents or children show repentance after their guardianship qualification is revoked by the people's court, the people's court may, on the premise of respecting the true will of the ward, restore their guardianship qualification as appropriate, and the guardianship relationship between the guardian appointed by the people's court and the ward shall be terminated at the same time. Article 39 The guardianship relationship shall be terminated under any of the following circumstances: (1) The ward has acquired or restored full capacity for civil conduct; (2) The guardian loses the guardianship ability; (3) The ward or guardian dies; (four) other circumstances in which the people's court determines that the guardianship relationship is terminated. If the ward still needs guardianship after the termination of the guardianship relationship, the guardian shall be determined separately according to law.