Research On The System Of The Capacity For Civil Conduct

In Civil Code, the system of the capacity for civil conduct serves as a bridge between civil subject system and the system of legal acts. It realizes the transition from "Menshen" to "Personen", and finally to "rational man". The future construction of the System of Capacity for Civil Conduct must realize coordination and unification of both the content and the value of the system. This study will firstly analyze the content and the value of the system of capacity for civil conduct. On this basis, the historical development of the system in the civil law system will be explored. The legislative review will be presented and some improving suggestions will also be provided concerning the system of civil capacity for action. This dissertation consists of three parts and is divided into seven chapters:Part One:Ontology-Analysis of the system of capacity for civil conduct. Chapter 1 Deals with the content of the system of capacity for civil conduct. Based on the examination of the definitions given by previous researchers in the area of the civil law system, the present study discriminates the relevant concepts of the capacity for civil conduct and further proposes the concept and connotation for this legal term. The judging criteria of the capacity for civil conduct, based on mental capability, will be the objectified manifestations of mental capacity, namely, age, mental state and physical condition. Chapter 2 Investigates the system value of the capacity for civil conduct. The design of the capacity for civil conduct is to apply autonomy of private law and realize the balance of interests between persons who lack capacity for civil action and the trading party.Chapter Two:Origin-The historical development of the capacity for civil conduct. Chapter 3 Examines ancient systems of the capacity for civil conduct, which were represented by the Roman law. These systems were combinations of status and power and never got rid of the shackles of status. Chapter 4 Explores the capacity for civil conduct in the civil law system countries represented by Germany and Japan. The systems of capacity for civil conduct in these countries have the three classifications and the two classifications. However, obvious distinctions exist in the effects of these two classifications. The two classifications complies more with the international tendency and reveals the spirit of autonomy of private law. Chapter 5 Focuses on the historical development of the system of the capacity for civil conduct in China. The changes of the capacity for civil conduct in the previous civil codes since Reform and Modification of Laws in the late Qing Dynasty will be presented. It can provide helpful references for the design of the system of the capacity for civil conduct in the future.Part Three:The Construction Theory- Review and improvement of the system of the capacity for civil conduct in China. Chapter 6 Scrutinizes the system of the capacity for civil conduct from perspectives of its content and its value. From the angle of system content, unreasonable regulations exist in terms of juveniles. The application scope of the limited capacity for civil conduct is too narrow. Protection for the elderly people is also deficient, etc. As for system value, the invalidation system is not applied in real practice. The enforcement regulation of the limited capacity for civil conduct is not reasonable. The mediation system of the capacity for civil conduct is too simple, etc. Chapter 7 is about legislative improvement of the system of the capacity for civil conduct. From the perspective of system content, regulations on persons without capacity for civil conduct should be abolished. Besides, the limited capacity for civil conduct should be redesigned. From the perspective of system value, based on autonomy of private law, the mental capacity of parties should be respected. Moreover, it is necessary to abolish the application of invalidation system, replace the undecided effect with revocable system and improve the mediation system of the capacity for civil conduct.