Research On The System Of Disposing Capacity Of Natural Persons

The system of disposing capacity of natural persons is a basic system of civil law.It is particularly important in the civil capacity of natural persons. Disposing capacityof natural persons is the natural person independent of the implementation of the legalacts of the character elements, which determines that the natural person is to be trulyautonomy.The system can also be dated back to the ancient system of Roman law.And it has been improved and perfected during the period when the modern bourgeoissociety has launched its large-scale codification. As the base of the system, theeconomic system, ideology and social structure have experienced great changes forthousands of years. In order to meet the challenges of the social changes, everycountry devotes itself to the innovative political reform as the national response to thisancient system.It can be said that the relevant part of the amendment has become oneof the most significant change in the countries of modern civil law change.The dissertation is divided into four parts to fully explain “The system ofdisposing capacity of natural persons”:The first chapter discusses the basis of the natural person disposing capacitysystem.Capacity system in the ancient Roman economy is based primarily on theform of agricultural society. The dominant position of agriculture in the economy,family-style production model, the social dimension of the authority of the father,which make the Romans realize that not only the people of different genders, agecontribution in agricultural production, but also status of the different natural personsin the family need to be taken into consideration when setting a natural personcapacity system. As a result, minors, women are unable to obtain full capacity. On theideological level, the nature of rational thought of the Stoic makes a distinctionbetween theoretical reason and practical reason.Correspondingly, the Romanlegislators take the mental and physical factors into consideration while dividing thecapacity of natural persons. Hence the guardianship protection of the lack of wisdomof minors, physical shortage of old age and persons with disabilities.Until moderntimes, the development of early capitalism and the promotion of the socialization ofthe mode of production make the individual independent of family economic status.As a result, individuals are gradually free from the family barriers and are givenaccess to independent status. When they build the capacity of natural persons system,legislators no longer regard the status of individuals in the family as a factor. And they claim that those adult children should be given to full capacity as well.On theideological level, modern rationalism and the will of the doctrine became the basisfor the build of the system. Modern rationalism focused on the person’s spiritual levelof cognitive ability to think, that exaggerated the role of theoretical reason, whileignoring the practical reason of the Romans. So the modern system is mainly toconsider the role of intellectual factors, and fewer consider the physical factors.Thelibertarian view that the full capacity should be controlled by self-will of rational man.In short, modern intertwined with various items of infrastructure, the shaping of themodern full capacity is adequate intelligence, completely under volitional control, tomaximize their own interests to make rational decisions of economic man.The second chapter discusses the impact of modern social change on disposingcapacity of natural persons system. Economic globalization is breaking downgeographical, kinship, trading restrictions, and requirements of the system of nationalcapacity of natural persons learn from each other is not only possible, but is amust.Economic modernization makes the connotations of the modern family. Thefunctions are changed. Social phenomenon, the formation of precocious teenagers,aging society, the diversity of disabilities on the system challenge.The internationalcommunity to the best interests of the child principle, the normalization of personswith disabilities thought a series of new concept development, while furtherprotection of human rights, but also on disposing capacity of natural persons systemchange requirements.The third chapter is about the analysis of the way for those extra-regionalcountries to deal with the social impact of legal measures.Select the representative ofFrance, Germany, Russia as an example, these countries to take to reduce the age ofmajority, the classification system to establish a more flexible capacity of naturalpersons, strengthening national regulatory capacity of natural persons lack of reliefsystem, the implementation of the child’s best interests principles to deal with.The fourth chapter deals with the review and improvement of the natural systemof personnel capacity.The current " General Principles of Civil Law of the People’sRepublic of China law related to the introduction of the background and contentanalysis, pointing out its deficiencies to identify the amendment of the existing civilcapacity of natural persons system.China’s civil capacity of natural persons in thesystem should be placed in the system arrangement of natural persons in the CivilCode chapter set up a special section, and the guardianship system to be provided by relief system as a lack of capacity. Two-tier system of Rule of Thirds" in the capacityof natural persons by type, should be used, should conform to international humanrights protection, the child’s best interests principle, the trend of the concept ofnormalization of persons with disabilities, to cancel our current regulationsincapacitated types, divided into full capacity and limited capacity (two-tier system);face up to an aging population and lack of capacity and diversified system of capacity,the capacity of natural persons in accordance with the intelligence, the will of thephysical factors of the different divided into full capacity, limiting most of thecapacity and limitations of part of the capacity (trichotomy), and should pay attentionto the distinction between minors and the difference of the lack of adult capacity torecognize the diversity of the lack of adult capacity. Transplanted to Germany, Russia,the provisions of the reform of minors as the full capacity, system. The relief of thelack of capacity, should be rich and the type of guardianship, in particular theadditional meaning given guardianship and wills to guardianship, and to strengthennational oversight mechanisms for guardianship.