Theoretical Research On The Capacity Of Chinese Elderly People

According to a statistic made by the National Aging Committee Office, since the “twelfth five-year” period our country has entered the aging of the population, people over the age of 60 has increased from 178 million at the end of 2010 to 202 million at the end of 2013. It has increased 24 million elderly population, an average annual increase of 8 million, from 13.3% to 14.9% of the total elderly population. Population aging situation is becoming more and more serious. On July 1, 2013, the newly revised “senior citizen rights and interests protection law” came into force. The provisions of twenty-sixth of the new law stipulates: the elderly which have full capacity for civil conduct can determine their own guardian in close relatives or other closely associated person or organization. The guardian bear the responsibility of guardianship when the elderly has lost or partially lost his capacity for civil conduct. If the elderly is not yet determined their guardian in advance, they can determine with the provisions of relevant laws. This is the first time for China to stipulate the elderly behavior ability and elderly care problem in law. As one of the civil and commercial law students, however, the author found that, unfortunately although this problem have been proposed, but only just mentioned. Chinese civil law of human behavior ability only divided person into juvenile and adult, without considering the adult behavior ability will increase with age and waning. How to determine the elderly if there is a lack of behavior ability? What is its judgment standard? What kind of ways to review? What is the old "some or all of the" incapacity? These problems are all we need to discuss, it relates to the premise and theoretical basis for the establishment of elderly care in China.This paper firstly analyzes the defects of the existing civil capacity system in China.Then it focuses on the development direction of behavior ability to summarize the elements that other countries consider when judging a person’s capacity. At the same time, the article studies on the partition of the lack of behavior ability in the elderly by combining modern countries, reform measures for the elderly to establish a elderly guardianship system. The article is divided into four parts, the first part is “reflection of the current capacity of natural persons system in China”. It mainly expounds the basic problems of the current natural civil capacity system in our country, including the classification, classification standard and announcement system. Then it analyzes the defects in the construction of the elderly guardianship based on the analysis of China’s current civil capacity system. The second part is “the necessity of exploring the capacity of the Chinese old people”. It mainly discusses the foundation of the construction of the system. “Necessity” including the particularity of the subject in the elderly, the elderly behavior ability and responsibility ability, close contact between the guardianship system, the status of the old history, special procedure of judicial practice to determine the old case in fact several aspects. The third part is “research on the judgment standard of the elderly people who lack of capacity in civil conduct”. It is based on historical clues, from the Roman law roots of the concept of lack of civil action competence to the modern development course of conduct. Last part is “the idea of lack of behavior ability in the elderly” in our country. It mainly elaborates the author’s preliminary conception from several aspects such as the theoretical basis for the elderly behavior ability system in China, age range, criterion, the system type and case review.