民事行为能力制度的反思与重构

有关民事行为能力制度,我国采取德国法的三级制,除此种立法例之外,还有日本、法国民法所采用的两级制。三级制的立法存在种种缺陷:不能给予民事行为能力欠缺者合理的保护;缺乏对这一群体意思自治的尊重;阻碍了法律行为的生效和交易效率。因此,建议我国民法典采用日本、法国的两级制,并完善相关的配套制度。

Reflection and Rebuilding of System of Capacity for Civil Conduct

There are two types of legislation on capacity for civil conduct.One is there-level system,which is set by the German law and follow by China;the other is two-level system,which is adopted by Japanese and French civil laws.Since there are many disadvantages existing in the former system,such as lack of reasonable protections for non-capacity and limited-capacity people,lack of respects for party autonomy of this group,and hindering effectiveness of legal conducts and efficiency of transaction,this study suggests that the Chinese Civil Code adopt the two-level system and improve some relating system.