The Division Of The Elderly Capacity For Civil Conduct

With the coming of the aging population and aging society in our country, various relations to the vital interests of the elderly have become social problems before us and we can’t avoid reality. Due to the elderly population the whole society also make civil law system related the elderly group suffering from severe test. In the field of the old division of civil action competence, traditional civil law in China insist on the presumption of the elderly group full capacity for civil conduct. However, such a legal presumption method ignores the characteristic of special elderly groups. The classified methods of the elderly capacity for civil conduct increasingly exposed its limitations. The concrete analysis of civil action competence according to special cases of the elderly population is more in line with the present stage of our country.The division of civil capacity is related the allocation of rights and obligations in civil activities. In the old division of civil action competence in our country is insist in the presumption of full capacity for civil conduct. The relevant legal norms are referring to “citizens(natural person)” chapter of “the general principles of the civil law of the People’s Republic of China”. General principles of the civil law does not conform to the elderly meaning, body behavior ability, the special case of the change of social role, couldn’t reflect special care for the elderly group, and can’t reach the purpose of civil capacity system. Similar with minor groups and the mental patient groups, the elderly capacity for civil conduct system design should identified with the special condition of the elderly population mean. It is more conform to the objective reality. This article through the analysis to the present civil law of our country about the elderly division of civil action competence system defect, combined with foreign legislation experience, make specific suggestions about the old division of civil action competence, in order to calmly deal with aging population under the background of all kinds of social problems.