Research On The Legislation Of Civil Capacity Of People Whose Personal Freedom Are Limited

Review lawmaking of main nations, all of which has regarded people whose personal freedom are limited as complete capacity person and allow them enjoy the rights to engaging in all kinds of civil activities independently. However, in fact,because of being restricted, communication with the outside world of people whose personal freedom are limited is broken,which makes them can't gain any information on civil activities in which he wants to engage timely, conveniently, directly and completely. Thus his ability to analyse, estimate,discern men or things will be affected,that means his civil capacity is imperfect.If allow them engage in all kinds of civil activities independently,it is likely to encroach on interests of people whose personal freedom are limited themselves and other interested people,besides, bring a series of problems. Therefore, it's necessary to declare people whose personal freedom are limited of the person limited in civil capacity, which is not only based on theory deduction and investigation on practice, but also the demand for innovating and perfecting the Civil Law system. Assuming that people whose personal freedom are limited have been established as person limited in civil capacity,we should further consider how to concretely design the legislative of civil capacity system of people whose personal freedom are limited,which is of significant.The focal point of legislative should be something involving people whose personal freedom are limited such as the categorization and the criterion of capacity, establishing mechanism of civil capacity, range of civil capacity,revision of civil capacity and relief for the revision and so on.