Research On The System Of Juvenile's Capacity For Civil Conduct

The system of civil capacity plays a link between the capacity of civil rights and specific legal acts.The system of the minor people's civil capacity is particularly special in the whole legal system,because it not only involves the protection of the minor's interests to avoiding the harm caused by lack of recognition and judgment ability,but also involves the basic protection and care for the counterpart of the bona fide transaction to protect their legitimate interests.The more important value is to evaluate the effectiveness of the capacity of the legal act from the height of the legal act to avoid the emergence of unnecessary invalid legal act in order to advocate the realization of the autonomy of private law in a broader range.This paper is divided into four chapters,which analyzes present situation and regulations of the system of the behavior ability of the minor people in China,and takes into account the existing problems in practice,draws lessons from the mature experience of foreign countries,and explores actively,in the hope of helping to improve the system of the behavior ability of the minor people in China.And in order to inspire more academic and practical people to continue to pay attention and research.The first chapter is the theoretical starting point of this study,that is,the theoretical overview of the system of minor people's civil capacity,elaborating the basic concept of the system of minor people's civil capacity,the differentiate types and theoretical origin,along with the value pursuit of civil capacity system.The second chapter is the reason for the study of this paper.On the basis of the analysis of the current situation of the minor people's capacity system in the legislation of our country,the author reflects on the various defects in the existing legislation,including the incapacity system of the minor and the invalid system in the civil law.The connection between the system of limited capacity of minors and the revocable system;Lack of a moderating system in which minors limit their ability to act.The third chapter mainly uses the comparative research methods to look outside the region,and on the basis of the investigation of various legislative and judicial practices of the continental law system,in order to find the useful reference for improving China's legislation.The fourth chapter is the conclusion of this article,from three levels of legislative purpose,normative model and article proposal,put forward to perfect our country minor people matter behavior ability system.The first part establishes the legislative aim of the behavior ability system of minors: the foothold is to give the meaning ability to the lack of appropriate care and protection;On the other hand,it should be brought into the perspective of trading counterparts,and the convenience and safety of trading should be integrated into it.The second part focuses on canonical patterns.At first,the author thinks that the existing model should still be preserved and stipulated respectively in the chapter of natural person and the chapter of legal act in the general provisions of civil code,but it has been amended.Secondly,it pays attention to the protection of trading counterparts and the trust protection in the construction of the minor people's capacity system.The third part elaborates on the legislative proposal of the minor people's capacity system.This includes adjusting the legal system of the minor's non-civil capacity,improving the legal system of the minor's limited capacity,and improving the conditions for the minor's capacity.