Research Into The System Of Natural Person’s Civil Liability Capacity

The system of civil liabilitycapacity is an important system in civil lawof most countries.At present, there are still misunderstandings about the origin and the meaning of civil liabilitycapacity, as well as the relationship of fault liability and the system of civil liabilitycapacity.Also, there is controversy about how to determine and apply the civil liabilitycapacity. We still debate about whether or not transplant the system in civil law for Codelegislation. In this paper, in order to benefit our legal system, a variety of research methods isused from a view in comparative point to analyze issues that exist in the system of naturalperson’s civil liabilitycapacity.This paper consists of five parts. In the first part, the author analyzes the concept of civil liabilityfrom the view of etymological point, and briefly discusses the institutional basis and value of naturalperson’s civil liability capacity; In the second part, the author discuss the relationship of faultliability and the system of civil liabilitycapacityin detail, and responds to the problems aboutmisunderstood of the domestic scholars, and points out that the bases of the system ofnatural person’s civil liability capacity are the difference principle on Ethical embodied inthe process during the rule of law and the choice of the standard on objective fault’stypes;In the third part,the author has a probe on the determined standards and the scope ofapplication for natural person’s civil liability capacity from a view in comparative point. Inthe fourth part, the author firstly analyzes current legislation in China from the perspectiveof explain theory, followed by evaluating about the views of domestic scholars on whetherto adopt the system of natural person’s civil liability capacity, and finally, standing on theview of legislative point, combined with the earlier discussion the author put forward threemodified proposals about current legislation in China.