Case Introduction

        Li Ming and Li Tian are both children of the ward Li Si. Upon Li Ming's application, the court issued a judgment stating that Li Si is a person without civil capacity, and designated Li Ming and Li Tian as Li Si's guardians. Later, Li Ming discovered that Li Tian failed to fulfill his guardianship duties wholeheartedly and engaged in embezzlement and transfer of the property of his ward Li Si. There were two reasons for this: firstly, Li Tian failed to fulfill his guardianship duties well and refused to cooperate in going to the village to collect Li Si's seniority allowance, which infringed on his rights and interests; In addition, Li Tian has a habit of drinking excessively and playing cards, and has not been able to take care of Li Si wholeheartedly. Secondly, Li Tian engaged in embezzlement and transfer of the ward's property. Li Tian once transferred more than 100000 yuan in deposits from Li Si's bank account to Li Tian's account. Due to Li Tian's negligence in fulfilling his guardianship duties, which infringed upon Li Si's legitimate rights and interests, Li Ming sued Li Tian to the court, requesting the revocation of his guardianship qualification and the change of his status as Li Si's sole guardian.

Court Trial

        After trial, the court considers that if a guardian falls under any of the following circumstances, the people's court shall, upon application by the relevant individual or organization, revoke their guardianship qualification, arrange necessary temporary guardianship measures, and appoint a guardian in accordance with the principle of the most beneficial to the ward in accordance with the law: (1) committing acts that seriously harm the physical and mental health of the ward; （2） Negligent in fulfilling guardianship duties, or unable to fulfill guardianship duties and refusing to delegate part or all of their guardianship duties to others, resulting in the ward being in a state of danger; （3） Other behaviors that seriously infringe upon the legitimate rights and interests of the ward.

       In this case, Li Ming advocates for the revocation of Li Tian's guardianship qualification, mainly due to Li Tian's bad habits such as drinking and playing cards while taking care of Li Si, failure to fulfill his guardianship duties to the best of his ability, and the act of transferring Li Si's property under his name. The court believes that firstly, Li Ming's claim that Li Tian did not do his best to take care of Li Si and did not provide evidence to prove it; Secondly, in 2020, the ward Li Si was determined by the court to be a person with no capacity for civil conduct and designated Li Ming and Li Tian as both guardians of Li Si. Li Ming's main reason for claiming the revocation of Li Tian's guardianship qualification occurred before the effective judgment. Regarding whether Li Tian committed serious acts that seriously damaged the physical and mental health of the ward, neglected to fulfill his guardianship duties, and caused the ward to be in a state of danger or seriously infringed upon the lawful rights and interests of the ward after the effective judgment designated Li Tian as the guardian, Li Ming did not provide sufficient evidence to prove that his application for revocation of Li Tian's guardianship qualification was not supported.

Judicial interpretation

       Article 36 of the Civil Code of the People's Republic of China stipulates: "If a guardian falls under any of the following circumstances, the people's court shall, upon the application of the relevant individual or organization, revoke their guardianship qualification, arrange necessary temporary guardianship measures, and appoint a guardian in accordance with the most favorable principles for the ward: (1) committing acts that seriously harm the physical and mental health of the ward; (2) neglecting to perform guardianship duties, or refusing to entrust part or all of guardianship duties to others, resulting in the ward being in a state of danger; (3) committing other acts that seriously infringe upon the lawful rights and interests of the ward.". The relevant individuals and organizations stipulated in this article include: other individuals with guardianship qualifications in accordance with the law, resident committees, village committees, schools, medical institutions, women's federations, disability federations, organizations for the protection of minors, elderly organizations established in accordance with the law, civil affairs departments, etc. If the individuals and organizations outside the civil affairs department specified in the preceding paragraph fail to timely apply to the people's court for revocation of guardianship qualifications, the civil affairs department shall apply to the people's court.

       This article is transferred from the official account "Shandong Gaofa", and thanks.