of such an adult or a relevant organiza on may request the people’s court to declare that the said adult be
iden ed as a person with no or limited capacity for performing civil juris c acts.
Where a person has been iden ed by a people’s court as a person with no or limited capacity for
performing civil juris c acts, the people’s court may, upon request of the person, an interested person
thereof, or a relevant organiza on, and based on the recovery of his intelligence and mental health, declare
that the said person becomes a person with limited or full capacity for performing civil juris c acts.
A relevant organiza on referred to in this Ar cle includes a residents’ commi ee, a villagers’ commi ee, a
school, a medical ins tu on, the women’s federa on, the disabled person’s federa on, a legally established
organiza on for senior people, the civil a airs department, and the like.
Ar cle 25 The domicile of a natural person is the residence recorded in the household or other valid
iden ca on registra on system; if a natural person’s habitual residence is di erent from his domicile, the
habitual residence is deemed as his domicile.
Sec on 2 Guardianship
Ar cle 26 Parents have the duty to raise, educate, and protect their minor children.
Adult children have the duty to support, assist, and protect their parents.
Ar cle 27 The parents of a minor are his guardians.
Where the parents of a minor are deceased or incompetent to be his guardians, the following persons, if
competent, shall act as his guardians in the following order:
(1) his paternal grandparents and maternal grandparents;
(2) his elder brothers and sisters; or
(3) any other individual or organiza on that is willing to act as his guardian, provided that consent must be
obtained from the residents’ commi ee, the villagers’ commi ee, or the civil a airs department in the place
where the minor’s domicile is located.
Ar cle 28 For an adult who has no or limited capacity for performing civil juris c acts, the following persons,
if competent, shall act as his guardians in the following order:
(1) his spouse;
(2) his parents and his children;
(3) any other close rela ves of him; or
(4) any other individual or organiza on that is willing to act as his guardian, provided that consent must be
obtained from the residents’ commi ee, the villagers’ commi ee, or the civil a airs department in the place
where the adult’s domicile is located.
Ar cle 29 A parent who is the guardian of his child may, in his will, designate a succeeding guardian for his
child.
Ar cle 30 A guardian may be determined through agreement among the persons who are legally quali ed to
be guardians. The true will of the ward shall be respected in determining the guardian through agreement.
Ar cle 31 Where a dispute arises over the determina on of a guardian, the guardian shall be appointed by
the residents’ commi ee, the villagers’ commi ee, or the civil a airs department in the place where the
ward’s domicile is located, and a party not sa s ed with such an appointment may request the people’s
court to appoint a guardian; the relevant par es may also directly request the people’s court to make such
an appointment.
When appoin ng a guardian, the residents’ commi ee, the villagers’ commi ee, the civil a airs department,
or the people’s court shall respect the true will of the ward and appoint a guardian in the best interest of the
ward from among the legally quali ed persons.
Where the personal, proprietary, and other lawful rights and interests of a ward are not under any protec on
before a guardian is appointed in accordance with the rst paragraph of this Ar cle, the residents’
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