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On China’s Juvenile Minimum Age Limit Civil Capacity

Posted on:2015-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:J T GuoFull Text:PDF
GTID:2296330431497070Subject:Chinese Civil Law
Abstract/Summary:PDF Full Text Request
Minor without civil capacity system is an important civil legal system, Minors as vulnerable groupsprotected by national laws,Limited capacity for minors behavior is defined as a way of protection of minors.However, With the development of the society, The mental and physical development of minors haschanged a lot. How to define the limited capacity to age and with no capacity? On the one hand, To protectthe legitimate rights and interests of minors。On the other hand,To adapt to the social reality。This is a bigbackground in this paper, we study。This article is based on the provisions of the laws of natural person ofcivil action,Limited capacity for civil conduct of people in China are put forward the problems existing inthe minimum age。And this article puts forward some Suggestions,This paper mainly studies the low ageperson without capacity for civil conduct。This article is divided into five parts,The first part is mainly to the natural person’s capacity for civilconduct of the legislative status quo and the existing problems。In order to understand the different stagesof the legislation of behavior ability。Analysis of the present stage our country juvenile with limitedcapacity for civil conduct minimum age classification problems。Which leads to the present stage in ourcountry should reduce the age limit of minors without person of civil action competence to this problem。The second part expounds the relevant capacity for civil conduct age limit partition mode and value idea,First compared on relevant issues of the legislative status quo at home and abroad。The minors from abroadconduct specific age boundaries,To divide the pattern of behavior ability analysis of our country,Analysisof their respective characteristics,Form a contrast of legislation at home and abroad,Of different mode andbriefly analyzes the division of behavior ability。Secondly elaborated the value concept of behavior ability。The third part mainly discusses the theory about the minor with no capacity in China at present stage cutelaborates the theoretical controversy whether the age limit, and to analyze this kind of dispute,After thecontroversial evaluation shows that in my own point of view。The fourth part the author never adults owndevelopment changes、The needs of the development of social reality、The needs of the protection of the rights and interests of the other party andFrom today’s academic theory and research results providetheoretical support for age lowered、The effect of current system run30years support provided by practice、The development of pedagogy, psychology, cut provided material support to age,The three demonstratesthe minors without person of civil action competence age limit its feasibility。The final part of this articleis about the future of our country civil code for minors without person of civil action competence ageboundaries of perfecting suggestion。The main point of this paper is to reduce the age limit of underagepersons with no capacity,Looking forward to the future civil code in the relevant aspects to perfect,In thehope of the future civil code can better development。...
Keywords/Search Tags:Behavior ability, minors, Age limit
PDF Full Text Request
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