民事行为能力制度重构

民事行为能力的立法体例有三级制、二级制之别.我国《民法通则》关于民事行为能力的规定采德式三级制.比较各国行为能力制度,二级制立法模式更符合民法作为私法之趣旨.我国未来《民法典》应确立二级制行为能力制度,并完善与二级制立法模式相关的制度协调.

A Reconstruction about the Behavioral Capacity System in China

The capacity of the civil behavior has the three classifications and the two classifications.Our country's general rules of the Civil Law had adopted the three classifications system on the civil behavioral capacity.Comparing to every countries behavioral capacity system,the legislative model of the two classifications is the better up to the purpose of the Civil Law which is as the private law.The two classifications system is ought to be formed in the future civil law code of our country,and to consummate the coordination with the legislative model of two classifications.