Study On Minors Limited Civil Capacity System

Minors limited civil capacity occupies a core position in each country's laws, and in fact it deserves legal constantly in-depth study and discussion. Minors, because of their age, are in a weak position of the social life, and due to minors are a nation's future and hope, so all countries take the effective protection. Across all the law of the country, Minors limited civil capacity can directly reflect the legal system for protecting the interests of minors, because it can determine a behavior invalid or revocable.After China's reform and opening up, China's social development is rapid, and all aspects of the changes have taken place in the minors, if continued using the capacity for civil conduct of minors system 30 years ago, it certainly will not conducive to the protection of the interests of minors, therefore, this article study under such a background. The article first introduces the theoretical perspective of minors with limited capacity for civil conduct basic concepts and the related regulations, in commenting on and then based on the analysis comparison method, combined with Germany, Japan, some of the specific law of Anglo-American law system, put forward in the minors in our country the main problems existing in the system of limited capacity for civil conduct. Proposed that the question, the author naturally we have to go looking for what kind of way to measures or make minors system of limited capacity for civil conduct more systematic and more operable, can adapt to the progress of the society and the development at the same time.This article is mainly to observe phenomena, analysis of the background, to find and solve problems of thinking mode in writing, mainly in the civil law system of civil action competence of subdivision. In this paper, in the process of writing, carefully read the related books, papers and documents, and combined with the domestic and foreign related laws and regulations, to carry on the summary, induction, and then form their own view. This paper analyzes the current problems existing in the system of limited capacity for civil conduct of minors, due to the changes of The Times, must be combined with the development of The Times continuously explore more effective legal system, thus the progress of the society and the development of is the drawback of the existing legal system and the insufficiency, find out these deficiencies and careful analysis, is an important content of this article.Analysis of the problems existing in the current power system about young people's behavior, the ants we should go to discuss how to improve the insufficient place, so as to make the law constantly adapt to the development of the society. In perfect measures, this article has referred to the limited capacity for civil conduct aged from 10 to 6, the development of the society make minor mental precocious, reduce the age is more advantageous to adapt to the development of the society. For minors can be engaged in the scope of the civil action of civil law in our country more general, so the judge in dealing with the cases of minors is unfair, so refined minors can be engaged in the civil action is very important. The guardian of the law is fair, law on the protection of minors in our country has made great efforts, but lacking in protecting the other party in good faith, in combination with judicial practice abroad, should increase the anti-fraud provision of minors, it is advantageous to the maintenance of legal justice fair. About minor ratifies a clause as an adult, our country law has not stipulated, but such problems are inevitable in the judicial practice, should increase about minor ratifies a clause as an adult, to safeguard the principle of private law autonomy, more conducive to safeguard the legitimate interests of the minors, also can express more inclusive of social phenomena and the civil law for minors of humanistic concern.