Reconstruction Study Of The Natural Person's Disposing Capacity System In Our Country

The establishment of Civil Code is the necessity of the market economy and the development of the society. Thereinto, the problem of natural person has been paid much attention and the confirmation of the capacity of natural person is of great importance. As one kind of capacity, the capacity for civil conduct should also be attached importance to. But the regulation of the capacity for civil conduct of natural persons in the lacks perfection and has a large distance with the demand of the carrying forward the spirit of civil law. This thesis intends to carry out a thorough study on the system of disposing capacity of natural persons and put forward the constructive suggestion systematically, hoping to bring some benefits to the perfection of legislation. The main content this thesis discussed includes the following aspects:First, this thesis summarize the general principles of the disposing capacity of natural persons, and analyze its relationship with the legal act, the capacity for act, the capacity for rights and liability. The concept, characteristics, essence of the disposing capacity, as well as its systematical value and significance, are clarified. Then, through the discussion of the classifying basis of the disposing capacity of natural persons, its concept is detailed and deepened.Secondly, through the comparison between the foreign legislation and current domestic legislation, analyze the limitation and deficiency in the restrictive system of the disposing capacity of minors and adults regulated in the from the following aspects: the division, (?)he behavioral effect and the relief of the minors' disposing capacity, the declaration, the (?)ehavioral effect and the relief of the adults' disposing capacity.In the end, this thesis bring forward the reconstructive suggestion of the disposing (?)apacity system of natural persons in our country: extending the judging criterion, adding the metal disorders, the olds, the disables, the wasters, the gamblers and the drug addicts; change the three-level-system into the two-level one, only dividing the person with full disposing capacity and the person with incomplete disposing capacity; replacing the declaration system of the deficiency of the disposing capacity of adults with the way of examining on a case-by-case basis and adding the register system in the form of the principle of voluntary; setting up the withdrawal system besides detailing the independentable acts of the minors; perfecting the relief system of the person with incomplete disposing capacity - regulate the system of parent's right and the system of guardianship for the minors separately and protect the adults with incomplete disposing capacity with the two different ways of wardship according to their different conditions.