A Study Of Civil Capacity Declaration System Of China

Civil capacity of Civil declaration system, aimed at adults(our legislation to mental illness as the main body) of the incapacity of protection to safeguard the legitimate interests of socially vulnerable groups, the protection of daily transactions. Our capacity for civil declaration system born out of the civil law system of the country Interdict, founded at the beginning of the system meet the characteristics of that time, solve a lot of practice justice. But with the interdiction regime declared no longer adapt to the development of international human rights movement have been abandoned or reform countries, China's second capacity that is Interdict declaration regime declared system is also facing a lot of controversy from the academic and judicial practice. Meanwhile, the idea of legislation and legislative restrictions obsolete technology, our legislation for civil conduct prescribed declaration system is relatively crude, led to some problems in the judicial practice, resulting in some capacity by the lack of interests can not be effectively protected. At present, China's ability to conduct declaration system faces controversy are: the Declaration System of Lack of Capacity Types of oversimplification, declared incomplete body covering, forensic procedures and standards loopholes and lack of declared relief system. Based on the existing relevant laws and regulations of the analysis, combined with judicial practice related cases, as well as other countries and regions more successful legislative experience related to disability declaration system, points out the shortcomings of current legislation, and I tried to civil action the ability to declare system Reconstruction problems recommendations.A text of this paper is divided into three parts.The first part is the ability to conduct our mental patients declared an overview of the system, including the evolution of our country and our capacity for civil conduct civil capacity declaration regime declared the status quo system in two parts. In the evolution declaration system, highlighting our capacity for civil conduct declaration system and civil law countries have in common and the prevalence is different interdiction system, born out of the system shows that our declaration of Interdict system. Situation in section introduces the system of declaration of several major content, including the ability to conduct classification, the main declaration system, identification criteria and procedures.The second part is made of capacity for civil conduct declaration system defects. In this section, the author uses theory and case combination, proposed and defects of the existing system of declaration: Declaration System of Lack of Capacity Types of oversimplification, declared incomplete body covering, forensic procedures and standards and loopholes declared lack of relief system.The third part is our capacity for civil conduct and the Declaration System Reconstruction and Improvement. First, there is the reconstruction of civil capacity declaration system requirements and procedures, including the scope of the applicant institution explicitly declared, no reconstruction(limit) the ability of Forensic standards for civil conduct, to establish uniform procedures declared. Secondly, our civil behavior simplistic classification features to build a case of censorship. Third, the increase has been declared one of the relief provisions. Fourth, improve the applicable provisions of the relevant declaration system body.I hope that through the introduction of more than three parts, can solve our declaration system exists in the legislation and judicial practice issues. And the system further improvement and development.