Article 17 A person from the following categories shall act as guardian for a mentally ill person without or with limited capacity for civil conduct:
第十七條 無民事行為能力或者限制民事行為能力的精神病人,由下列人員擔任監(jiān)護人:
(1) spouse;
(一)配偶;
(2) parent;
(二)父母;
(3) adult child;
(三)成年子女;
(4) any other near relative;
(四)其他近親屬;
(5) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval from the unit to which the mentally ill person belongs or from the neighbourhood or village committee in the place of his residence.
(五)關(guān)系密切的其他親屬、朋友愿意承擔監(jiān)護責任,經(jīng)精神病人的所在單位或者住所地的居民委員會、村民委員會同意的。
In case of a dispute over guardianship, the unit to which the mentally ill person belongs or the neighbourhood or village committee in the place of his residence shall appoint a guardian from among his near relatives. If disagreement over the appointment leads to a lawsuit, the people's court shall make a ruling.
對擔任監(jiān)護人有爭議的,由精神病人的所在單位或者住所地的居民委員會、村民委員會在近親屬中指定。對指定不服提起訴訟的,由人民法院裁決。
If none of the persons listed in the first paragraph of this article is available to be the guardian, the unit to which the mentally ill person belongs, the neighbourhood or village committee in the place of his residence or the civil affairs department shall act as his guardian.
沒有第一款規(guī)定的監(jiān)護人的,由精神病人的所在單位或者住所地的居民委員會、村民委員會或者民政部門擔任監(jiān)護人。
Article 18 A guardian shall fulfil his duty of guardianship and protect the person, property and other lawful rights and interests of his ward. A guardian shall not handle the property of his ward unless it is in the ward's interests.
第十八條 監(jiān)護人應當履行監(jiān)護職責,保護被監(jiān)護人的人身、財產(chǎn)及其他合法權(quán)益,除為被監(jiān)護人的利益外,不得處理被監(jiān)護人的財產(chǎn)。
A guardian's rights to fulfil his guardianship in accordance with the law shall be protected by law.
監(jiān)護人依法履行監(jiān)護的權(quán)利,受法律保護。
If a guardian does not fulfil his duties as guardian or infringes upon the lawful rights and interests of his ward, he shall be held responsible; if a guardian causes any property loss for his ward, he shall compensate for such loss.
監(jiān)護人不履行監(jiān)護職責或者侵害被監(jiān)護人的合法權(quán)益的,應當承擔責任;給被監(jiān)護人造成財產(chǎn)損失的,應當賠償損失。
The people's court may disqualify a guardian based on the application of a concerned party or unit.
人民法院可以根據(jù)有關(guān)人員或者有關(guān)單位的申請,撤銷監(jiān)護人的資格。
Article 19 A person who shares interests with a mental patient may apply to a people's court for a declaration that the mental patient is a person without or with limited capacity for civil conduct.
第十九條 精神病人的利害關(guān)系人,可以向人民法院申請宣告精神病人為無民事行為能力人或者限制民事行為能力人。
With the recovery of the health of a person who has been declared by a people's court to be without or with limited capacity for civil conduct, and upon his own application or that of an interested person, the people's court may declare him to be a person with limited or full capacity for civil conduct.
被人民法院宣告為無民事行為能力人或者限制民事行為能力人的,根據(jù)他健康恢復的狀況,經(jīng)本人或者利害關(guān)系人申請,人民法院可以宣告他為限制民事行為能力人或者完全民事行為能力人。