Research On The Disposing Capacity Of The Draft Civil Law Of Qing Dynasty

In the late Qing Dynasty,under the influence of western legal ideological trends,the Chinese legal fell apart and was forced to move towards modernization.“Civil Draft law of Qing dynasty” intends to break through traditional legal and cultural concepts and establish the basic principles of modern civil law.It is the first time in the history of our country to adopt a civil law to protect the rights of private and the relationship of rights and obligations between individuals in the form of an independent civil code.In the civil legal system,the civil capacity system maintains the complete and true meaning of autonomy,and it can best reflect the care and protection of people in civil law.This article takes the capacity for civil conduct in the“Civil Draft law of Qing dynasty” as the research object,and intends to explore the inherent of the “Civil Draft law of Qing dynasty”to Western law and China as well as the reference significance for improving our civil code today.by analyzing the content of the capacity of the “Civil Draft law of Qing dynasty”.This article discusses the behavioral capacity system of the "Dai Qing Civil Law Draft",which will mainly start from four aspects.The first chapter is the general theory of behavioral ability.The concept of behavioral ability first appeared in the modern "German Civil Code".Its concept was introduced into China with the theory of the civil law system in the late Qing Dynasty.Ability ".For a fairly long period of time thereafter,China's relevant legislation and legal theories have always adopted the expression "capacity".Until the "General Principles of the Civil Law of the People's Republic of China" was influenced by the Soviet doctrine,the expression of "civil capacity" began to be used.As a result,there are two different ways of expressing behavioral capacity in Chinese academic circles: "capacity" and "civil capacity".In addition,there is a broad sense and a narrow sense of behavioral capacity.Broadly speaking,behavioral capacity refers to all the behavioral capacity of a natural person,including the ability to be a legal act,as well as the ability to assume civil liability for an illegal act.In the narrow sense,the ability to act refers only to the ability of natural persons to act legally.The second chapter is the stipulations of the capacity of the "Dai Qing Civil Law Draft".This chapter discusses the classification standards and classifications of the abilities of the "Daqing Civil Law Draft" on the basis of the analysis of the relevant laws and regulations of the "Daqing Civil Law Draft" Modes and the effectiveness of various legal capabilities of artificial legal actions.The classification standard of behavior capacity in the "Dai Qing Civil Law Draft" is influenced by Swiss civil law.The capacity of intention is regarded as the internal standard for the classification of behavior capacity,while the external standards are mainly reflected in age,mental state,physical state and identity.The "Dai Qing Civil Law Draft" retains the restriction of identity on capacity,and defines a wife as a person with limited capacity.In addition,the "Dai Qing Civil Law Draft" uses the three-level classification model of the "German Civil Code" for the classification of conduct based on age,and the declaration of the prohibition of property is based on the prohibition of property and the standard of the "Japanese Civil Code".There are two modes of announcement for the prohibition of labor.Chapter 3 The inheritance and inheritance of the capacity system of the "Draft Civil Law Draft",starting from the legal origin of the "Dai Qing Civil Law Draft",through the main transplantation object of the "Daqing Civil Law Draft" "German Civil Code",Comparative analysis of the "Japanese Civil Code" and the relevant provisions of the "Chinese capacity" in ancient China,to explore the inheritance of the Western Qing law and the inheritance of Chinese traditional law by the "Dai Qing Civil Law Draft" capacity system.The performance legislation of the "Dai Qing Civil Law Draft" is based on the "Japanese Civil Code".Both the "Dai Qing Civil Law Draft" and the "Japanese Civil Law Code" stipulate all the provisions on capacity in the chapter of people.There are a total of 30 articles in the capacity section of the Draft of the Civil Law of the Qing Dynasty,of which up to 16 are similar to the Japanese Civil Code.The inheritance of the Chinese traditional "behavioral ability" in the "Dai Qing Civil Law Draft" is mainly reflected in the retention of identity-based behavioral ability classification,which continues the set standard of 20 years as the adult age in China since the Western Zhou Dynasty and its impact The choice of the three-level behavioral ability classification mode of complete behavioral ability,restricted behavioral ability,and incapacity is introduced.The fourth chapter,"The Draft of the Qing Dynasty's Law of the People's Republic of China",on the legislation of the capacity of the Republic of China during the Republic of China,through the analysis of the legislative content of the "National Law of the Republic of China" during the period of the Beiyang Government and the "Draft of the Republic of China" during the period of the Nanjing National Government Inheritance and development of the "Dai Qing Civil Law Draft",straighten out the development of modern China's capacity system.Although the "Draft Civil Law Draft" was not formally implemented in the end,its legislative principles and compilation methods had a profound impact on modern civil legislation including the "Draft Civil Law Draft".The legislation on the capacity system of the "Draft Civil Law" and the "Citizens' Law of the People's Republic of China" are also deleted or revised on the basis of the "Draft Civil Law Draft".