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中华人民共和国民法典上一条 中华人民共和国民法典目录

        第三十六条 监护人有下列情形之一的,人民法院根据有关个人或者组织的申请,撤销其监护人资格,安排必要的临时监护措施,并按照最有利于被监护人的原则依法指定监护人:
Article 36
Where a guardian has performed any of the following acts, the people’s court shall, upon request of a relevant individual or organization, disqualify the guardian, adopt necessary temporary measures, and appoint a new guardian in the best interest of the ward in accordance with law:
(1) engaging in any act which severely harms the physical or mental health of the ward;
(2) being indolent in performing the duties of guardian, or being unable to perform such duties but refusing to delegate all or part of the duties to others, thus placing the ward in a desperate situation; or
(3) engaging in any other act which severely infringes upon the lawful rights and interests of the ward.
The relevant individual and organization referred to in this Article include any other person legally qualified to be a guardian, the residents’ committee, the villagers’ committee, a school, a medical institution, the women’s federation, the disabled persons’ federation, a child protection organization, a legally established organization for senior people, the civil affairs department, and the like.
Where the aforementioned individual and organization other than the civil affairs department, as stated in the preceding paragraph, fail to request the people’s court to disqualify the guardian in a timely manner, the civil affairs department shall initiate such a request to the people’s court.
  第三十七条 依法负担被监护人抚养费、赡养费、扶养费的父母、子女、配偶等,被人民法院撤销监护人资格后,应当继续履行负担的义务。
Article 37
A parent, child, or spouse legally obligated to pay for his ward’s support shall continue to perform such obligations after being disqualified as a guardian by the people’s court.
  第三十八条 被监护人的父母或者子女被人民法院撤销监护人资格后,除对被监护人实施故意犯罪的外,确有悔改表现的,经其申请,人民法院可以在尊重被监护人真实意愿的前提下,视情况恢复其监护人资格,人民法院指定的监护人与被监护人的监护关系同时终止。

Article 38
Where a ward’s parent or child, who has been disqualified as a guardian by the people’s court for reasons other than having committed an intentional crime against the ward, and who has truly repented and mended his ways, applies to the people’s court for reinstatement, the people’s court may, upon considering the actual situation and upon the satisfaction of the prerequisite that the true will of the ward is respected, reinstate the guardian, and the guardianship between the ward and the guardian appointed by the people’s court after the disqualification of the original guardian shall thus be terminated simultaneously.


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