Family Lawyer (Third Edition)

Author: Shen Diyun
Publisher:
Publish Date: 2001-09-01
Features: According to Articles 11-14 of the General Principles of Civil Law, full civil capacity refers to: individuals aged 18 or above who are mentally sound; citizens aged between 16 and 18 who primarily rely on their own labor income for livelihood, are deemed to have full civil capacity. A person with limited civil capacity refers to: minors aged 10 or above; mentally ill individuals who cannot fully discern their own actions. A person without civil capacity refers to: minors under the age of 10; mentally ill individuals who cannot discern their own actions at all.
Article 133 of the General Principles of Civil Law states: "If a person without civil capacity or a person with limited civil capacity causes harm to others, the guardian shall bear civil liability. If the guardian has fulfilled their guardianship responsibilities, their civil liability may be appropriately reduced. If a person without civil capacity or a person with limited civil capacity who has property causes harm to others, compensation shall be paid from their own property. Any shortfall shall be appropriately compensated by the guardian, except when the guardian is an organization."
Article 160 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of Civil Law (Trial) states: "If a person without civil capacity living or studying in a kindergarten or school is injured or causes harm to others, and the unit has negligence, the unit may be appropriately ordered to compensate."