Article 19 of the General Principles of the Civil Law: Minors over the age of eight are persons with limited capacity for civil conduct, and they are represented by their legal representatives or ratified by their legal representatives, but they can independently carry out civil legal acts that are purely beneficial or suitable for their age and intelligence.
"The draft lowers the lower age limit for people with limited capacity for civil conduct, and I think there are major institutional risks." Commissioner Su Zelin said that the purpose of setting up the capacity for limited civil conduct is to ensure fair and safe transactions and maintain a good trading order. At the same time, it is also to better protect the legitimate rights and interests of minors. Now the draft reduces the age of limited capacity for civil conduct from 10 to 6 years old, which means turning primary school students into kindergarten children and making them bear certain civil legal consequences, which is not in line with children's physiological characteristics.
Commissioner Xu Zhenchao said that many children now start primary school at the age of six. They don't know all the words, so they don't necessarily know how to count, and they don't know any laws. I think the reason for lowering the age of persons with limited capacity for civil conduct is far-fetched. This age problem should be well demonstrated to see if you can draw a line at the age of 6.
Some members think that 6 years old is the minimum age for primary school. Before children go to school, they are accompanied by adults every day, so they have no chance to contact the society independently, let alone social experience, and they have no social experience and minimum knowledge to bear the corresponding civil capacity. It is inappropriate to give a 6-year-old child a certain capacity for civil conduct, and it is not conducive to protecting the child's physical and mental health.
Members Chen Guoling, Yan Yixin, Su Zelin and others suggested that the lower age limit should be adjusted to 8 years old, or restored to 10 years old as stipulated by the current law. Because children go to primary school, their understanding of society and behavior is strengthened, which is more suitable than 6 years old.
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