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[Happy Life, Accompanied by the Civil Code] "Three Rural" Law Popularization Classroom (I)
Time: May 25, 2022 Author: News source: [Font size: large | in | Small

   Good life  

   Civil Code together  

      

      

      

   My father and I work outside, and the two children live with their grandmother in the village. Yesterday, I received a phone call saying that my grandmother was ill in hospital, and the child is now unattended. I can't go home even after the epidemic is closed down. I don't know what to do.  

      

   You can find the local villagers' committee or the civil affairs department. The Civil Code provides protection for minors. Article 34 of the General Provisions of the Civil Code stipulates that, in the event of emergencies and other emergencies, the guardian is temporarily unable to perform his duties of guardianship, and the life of the ward is unattended, the neighborhood committee, village committee or civil affairs department in the place where the ward resides shall arrange necessary temporary living care measures for the ward.  

   Civil Code of the People's Republic of China two thousand and twenty-one year one month one It will come into force from. In the Civil Code of the People's Republic of China Agriculture, countryside and farmers In response to social concerns, it has made comprehensive and systematic provisions on the fields involved. This is important for the implementation of the Agriculture, countryside and farmers The policy has played a fundamental role in ensuring further improvement Agriculture, countryside and farmers The governance of the problem has laid an important institutional foundation. Today, let's take a look at the Civil Code Part I Close in general Agriculture, countryside and farmers What regulations do you have.  

   Part I   General  

   Article 1 [Legislative purpose] This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and promote socialist core values.  

   Chapter I Basic Provisions /  

   Chapter II Natural Persons  

   Article 24 [Determination of the Civil Capacity of Adults with Mental Retardation] If an adult cannot recognize or fully recognize his own behavior, his interested parties or relevant organizations may apply to the people's court to determine that the adult is a person without or with limited civil capacity.  

   If a person is recognized by a people's court as a person without or with limited capacity for civil conduct, the people's court may, upon the application of the person, an interested person or a relevant organization, recognize the adult as a person with limited capacity for civil conduct or a person with full capacity for civil conduct on the basis of his recovery of intelligence and mental health.  

   The relevant organizations specified in this article include: residents committees Villager Committee Schools, medical institutions, women's federations, disabled persons' federations, legally established organizations for the elderly, civil affairs departments, etc.  

   Article 27 [Guardians of minors] Parents are guardians of minor children.  

   If the parents of a minor have died or are unable to supervise, the following persons with the ability to supervise shall act as guardians in order:  

   (1) Grandparents;  

   (2) Brother and sister;  

   (3) Other individuals or organizations willing to act as guardians, provided that they have to consult the neighborhood committee Villager Committee Or the civil affairs department agrees.  

   Article 28 [Guardians of adults without civil capacity] Adults without civil capacity or with limited civil capacity shall serve as guardians in the following order:  

   (1) Spouse;  

   (2) Parents and children;  

   (3) Other close relatives;  

   (4) Other individuals or organizations willing to act as guardians, provided that they must be informed by the residents committee of the place where the guardian resides Villager Committee Or the civil affairs department agrees.  

   Article 31 [Designated guardianship and temporary guardianship] If there is a dispute over the determination of a guardian, the neighborhood committee of the place where the guardian resides Villager Committee Or the civil affairs department may appoint a guardian, and if the party concerned is not satisfied with the appointment, he may apply to the people's court for the appointment of a guardian; The parties concerned may also directly apply to the people's court for the appointment of guardians.  

   Neighborhood Committee Villager Committee The civil affairs department or the people's court shall respect the true will of the ward and appoint a guardian among the persons who are legally qualified for guardianship in accordance with 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 person's rights, property rights and other legitimate rights and interests of the ward are left unprotected, the neighborhood committee of the place where the ward's residence Villager Committee The relevant organizations or civil affairs departments as prescribed by law act as temporary guardians.  

   The guardian shall not be changed without authorization after being appointed; Unauthorized changes shall not exempt the designated guardian from his responsibilities.  

   Article 32 If there is no person qualified for guardianship according to law, the guardian shall be the civil affairs department, or the neighborhood committee of the place where the ward has his domicile Villager Committee to serve as.  

   Article 34 [Duties of guardianship] The duty of a guardian is to perform civil legal acts on behalf of his ward and protect his personal rights, property rights and other legitimate rights and interests.  

   The rights of guardians arising from the performance of their guardianship duties according to law shall be protected by law.  

   Where a guardian fails to perform his duty of guardianship or infringes upon the lawful rights and interests of his ward, he shall bear legal responsibility.  

   If the guardian is temporarily unable to perform his duty of guardianship due to emergencies and the life of the ward is unattended, the neighborhood committee in the place where the ward resides Villager Committee Or the civil affairs department shall arrange necessary temporary living care measures for the ward.  

   Article 36 If a guardian falls into any of the following circumstances, the people's court shall, upon the application of the individual or organization concerned, revoke his guardian status, arrange necessary temporary guardianship measures, and appoint a guardian in accordance with the principle that it is most beneficial to the ward:  

   (1) Conduct behaviors that seriously damage the physical and mental health of the ward;  

   (2) Be negligent in performing the duties of guardianship, or fail to perform the duties of guardianship and refuse to entrust part or all of the duties of guardianship to others, causing the ward to be in a state of distress;  

   (3) To commit other acts that seriously infringe upon the lawful rights and interests of the ward.  

   The relevant individuals and organizations specified in this article include: other persons with legal guardianship qualifications, neighborhood committees Villager Committee Schools, medical institutions, women's federations, disabled persons' federations, minors' protection organizations, legally established organizations for the elderly, civil affairs departments, etc.  

   If the individuals and organizations other than the civil affairs departments mentioned in the preceding paragraph fail to apply to the people's court in time for revocation of their guardianship, the civil affairs departments shall apply to the people's court.  

   Article 55 【 Rural contracted management households 】 A member of a rural collective economic organization who has legally obtained the right to contracted management of rural land and engages in household contracted management is a rural contracted management household.  

   Article 56【 Two households The debts of individual businesses shall be borne with personal property if they are operated by individuals; If it is operated by a family, it shall be borne by the family property; Those that cannot be distinguished shall be borne by family property.  

   The debts of rural contracted farmers shall be borne by the property of farmers engaged in rural land contracted management; In fact, if it is operated by some members of farmers, it shall be borne by the property of those members.  

   Chapter III Legal Persons  

   Article 96 [Type of special legal person] Rural collective economic organization legal person, urban and rural cooperative economic organization legal person, grass-roots mass autonomous organization legal person , is a special legal person.  

   Article 99 【 Rural collective economic organizations as legal persons 】 Rural collective economic organizations Obtain the legal person status according to law.  

   Where laws and administrative regulations have provisions on rural collective economic organizations, such provisions shall prevail.  

   Article 100 【 Cooperative economic organization legal person 】 Cooperative economic organizations in urban and rural areas Obtain the legal person status according to law.  

   Where laws and administrative regulations have provisions on cooperative economic organizations in urban and rural areas, such provisions shall prevail.  

   Article 101 The residents committee Villager Committee It has the legal person status of a grass-roots mass autonomous organization and can engage in civil activities necessary for the performance of its functions.  

   If no village collective economic organization has been established, the villagers' committee may perform the functions of the village collective economic organization according to law.  

   Chapter IV Organizations without legal personality /  

   Chapter V Civil Rights  

   Article 117 Fair and reasonable compensation shall be provided for the expropriation and requisition of immovable or movable property in accordance with the limits of authority and procedures prescribed by law for the purpose of public interests.  

   Chapter VI Civil Juristic Acts  

   Chapter VII Agency  

   Chapter VIII Civil Liability  

   Chapter IX Limitation of Action  

   Chapter X Calculation of Period /