The translation of the Chinese Civil Code posted on the Chinese Congress website is a disaster. See Why I decide to translate the Chinese Civil Code by myself.

Revised translation for Sections 30, 31, 35, 36, and 38 on Dec. 28, 2022.

Part 2 Custody and Guardianship

Section 26 Parents are obliged to raise, educate, and protect their minor children.

Adult children are obliged to support, assist, and protect their parents.

Section 27 Parents have custody of their minor children.

In the event that a minor's parents are deceased or incapable of fulfilling their parental obligations, the custody of the minor shall be awarded to the following entities in order if they are able to take care of the child:

(1) the child's paternal grandparents or maternal grandparents;

(2) the child's elder brothers or sisters; or

(3) any other person or institution that is willing to be appointed as the child's guardian, provided that the urban residents committee, rural residents committee, or civil affairs office, each of which shall be the one administrates the domicile where the child lives, agrees to such appointment.

Section 28 In the event that an adult is an incapacitated individual or individual with limited capacity, the custody of the adult shall be awarded to the following entities in order if they are able to take care of the adult:

(1) the adult's spouse;

(2) the adult's parents or children;

(3) other close relatives of the adult; or

(4) any other person or institution that is willing to be appointed as the adult's guardian, provided that the urban residents committee, rural residents committee, or civil affairs office, each of which shall be the one administrates the domicile where the adult lives, agrees to such appointment.

Section 29 Parents may appoint a guardian for their child through last will and testament if such parents have custody of their child.

Section 30 A guardian may be appointed through negotiation between those who are eligible for guardianship pursuant to law, provided that the ward's opinion is considered in such negotiation.

Section 31 In the event of any dispute arising in connection to the appointment of a guardian, the urban residents committee, the rural residents committee, or the civil affairs office administrating in the ward's domicile shall appoint a guardian. Interested persons can file a petition with a court to appoint a guardian if they disagree with the appointment mentioned above. Interested persons may file a petition with a court to appoint a guardian directly if the dispute mentioned above arises.

Urban residents committees, rural residents committees, civil affairs offices, or courts shall, considering the ward's opinion, appoint a guardian between those who are eligible for guardianship pursuant to law in the best interests of a ward.

The urban residents committee or rural residents committee administrating in the ward's domicile, other institutions provided by law, or the civil affairs office shall be the temporary guardian if a ward's personal rights, property rights, and other legal rights and interests are unprotected before a guardian is appointed pursuant to subsection 1 of this Section.

A guardian shall not be replaced unilaterally once the appointment is made. A guardian's duties shall not be exempted should such a replacement is made.

Section 32 A civil affairs office shall be a guardian, or the urban residents committee or rural residents committee administrating in the ward's domicile and that is capable of fulfilling custody duties may be a guardian, if there is no such person who is eligible for guardianship pursuant to law.

Section 33 An adult having legal capacity may negotiate with their close relatives or other person or institution who is willing to be their guardian and determine their guardian in writing ahead of time, so that such guardian can fulfill guardianship duties when the adult becomes incapacitated.

Section 34 The duties of a guardian are to act on behalf of a ward and protect the ward's personal rights, property rights, and other legal rights and interests.

Any rights arising when a guardian fulfills their duties pursuant to law shall under the protection of law.

A guardian shall assume liability if the guardian fails to fulfill their duties or infringe upon the legal rights of the ward.

The urban residents committee or rural residents committee administrating in the ward's domicile, or the civil affairs office shall take care of a ward temporarily if a guardian is incapable of fulfilling their duties and no one is taking care of the ward due to emergence.

Section 35 A guardian shall fulfill their duties in the best interests of a ward. A guardian shall not manage a ward's property except for the interests of a ward.

A minor's guardian shall consider the ward's opinion, before making any decisions in the interests of the ward in the course of fulfilling duties, given a ward's age and intelligence.

An adult's guardian shall consider the ward's opinion to the fullest extent practical, protect and assist the ward to act in a manner appropriate for their intelligence and mental condition in the course of fulfilling duties. A guardian shall not interfere in any matters that a ward is capable of managing independently.

Section 36 Upon an appropriate person or institution's request, a court shall revoke the authority of a guardian, order necessary guardianship temporarily, and appoint a new guardian in the best interests of a ward if a guardian:

(1) act in a manner that materially harms the mental or physical health of a ward;

(2) put a ward in danger either due to its negligence to fulfill duties, or failure to fulfill its duties and refuse to entrust such duties to others in whole or in part; or

(3) act in any other manner that materially infringes upon the legal rights of a ward.

The appropriate person and institution provided under this Section include without limitation those who are eligible for guardianship pursuant to law, urban residents committees, rural residents committees, schools, health care institutions, women's rights organizations, disability rights organizations, children protection organizations, nursing homes incorporated for the elderly, and the civil affairs offices.

The civil affairs office shall file a petition with a court to revoke the authority of a guardian if the person and any other institutions other than the civil affairs office provided in the subsections above fail to file a petition with in a timely manner.

Section 37 Parents, children, or spouse shall continue to fulfill their duties on paying support for a ward even though a court revokes their authority of a guardian if they are required to do so pursuant to law.

Section 38 Given a ward's opinion, a court may reappoint a former guardian upon their request as the case may be if a ward's parents or children, as a custodian or guardian to a ward, show their regret after a court had rescinded their authority of a custodian or guardian, except that such persons had committed a crime on the ward. The guardianship between the guardian appointed by a court and a ward shall be terminated if a court makes the appointment.

Section 39 The guardianship shall be terminated under any of the following circumstances:

(1) a ward regains its legal capacity;

(2) a guardian is incapable of being a guardian;

(3) a ward or a guardian decease; or

(4) any other circumstance in which a court order to terminate a guardianship.

A new guardian shall be appointed pursuant to law if a ward still needs guardianship after the previous guardianship ends.