Of Pruely Obtaining Civil Law Benefits

The purpose of discussing purely obtaining civil law benefits is to protect the rights of the people with limited capacity for civil conduct and those with incapacity for civil conduct and also to reduce their burden of direct duty. The chief characteristic of the beneficiary is his inconsideration. This is the basis of thinking over other problems. Based on the theories of benefit law school and aimed at the system design of conduct capacity, this paper studies the main body and contents of the purely obtaining civil law benefits and issues need solving in legislation.We take civil benefit as a viewing basis so as not to stress on any economical comment on legal action and to maintain the stability of law.As for the background study, we attach more attention to the current civil law and suggestive drafts on law dictionary, especially to suggestive drafts on civil law, edited by Wang lingming. Suggestive drafts made great modifications to the benefit system of purely obtaining civil law so as to accord with the contents and forms of the systems in mainland China, which are the evidence for the background material and part of this argument.Chapter One discusses the legal philosophical foundation of purely obtaining civil law benefits. In legislation, benefit law school insists on the sacrifice of some people's interests, while protecting those of the others, in order to achieve the stability of legal system and configuration of social resources to the maximum. In judicatory, the judge should play a key role in case trials. These two theories study the legal methods and the beneficial side as legal science. They are the basis and purpose of purely obtaining civil law benefits. Chapter Two, when discussing the main body of purely obtaining law benefits, I adopt the same structures as the civil law. I divide the main body into natural person and legal person. Natural person includes person withlimited capacity for civil conduct and person with incapacity. I give a fall consideration on the specialty of this group. For instance, person with limited capacity for civil conduct can be changed into the one with full capacity. Chapter Three is the study on the content of purely obtaining civil law benefits. It starts from the system of capacity for civil conduct and analyzes the typologies of the examples in law benefits. Chapter Four studies the forms of purely obtaining civil law benefits. It chiefly discusses the issues need solving in purely obtaining civil law benefits. This includes the contract payment of one's dominated money, the purely obtaining civil law benefits of the person with incapacity for civil conduct and the effectiveness of legal agent's self-deputization.In conclusion part, the author thinks that with the development of economy and the process of our code, the main body of purely obtaining civil law benefits will have some changes such as the division on the ages of the person with limited capacity for civil conduct.