On Reconstructing Our Country's Institution Of The Capacity For Civil Liability Of Natural Person

The institution of the capacity for civil liability of natural person exists in the institution of liability with fault, is the logic result of applying the institution of liability with fault, and the logic premise that affirms a fault. So as long as there is the institution of liability with fault, the institution of the capacity for civil liability exists. The institution of the capacity for civil liability is the law qualification for a actor to undertakes the civil liability for his own action. The thing that the institution of the capacity for civil liability takes into account is the action being fault or not, is not it breaking law or not. As a result, the applying object of the institution of the capacity for civil liability is all of the actions with fault, including the conduct to breach of faith and the act of tort that is suitable for the institution of liability with fault. Now that the institution of the capacity for civil liability is the logic premise that affirms a fault, and a doer can not be affirmed to be in fault without the recognizing ability, the ability behoove to be the criterion for judging whether someone own the capacity for civil liability. Although the theory for subjective offence had already had waned, and the theory for impersonal offence has been predominating, the capacity for civil liability still is important. The capacity for civil liability act as the adjuster for the interest between the person under guardianship, the guardian, and the victim, and the criterion for judging whether someone owns the capacity for civil liability is the controlling calves. Legislators and judicatures regulate the relation of the interest between the three parts.The institution of the capacity for civil liability of natural person in our country' civil law has deadliness disfigurement, such as the principle of blaming being in chaos, the criterion for judging being unreasonable. At the moment of constituting civil code, we should review the institution of the capacity for civil liability of natural person in our country' civil law, and re-construct it.The first part of the paper sum up the standpoint about the capacity for civil liability, and analyses adequately, then put forward my opinion. The second part of the paper introduces the institution of the capacity for civil liability in the nation or region that their law ever influenced our country' law or their institution of the...