Recently, the Fengrun Town Court of Fengrun Court handled a case of determining that a natural person is incapable of civil conduct, and it took only 10 days from the case acceptance, investigation, home visit, and judgment to protect the legitimate rights and interests of the parties in a timely, fair and efficient manner.
Basic facts of the case
Zhao, who is over seventy years old, suffered from cerebellar hemorrhage in 2013, causing him to be in a coma and the plant has survived. In order to better protect Zhao's legitimate rights and interests, Liu applied to the court to determine that Zhao was incapacitated for civil conduct, and requested to serve as Zhao's guardian, and submitted evidence such as medical records.
Case hearing
During the trial of the case, the presiding judge Guo Xing repeatedly reviewed Zhao's case information, visited the community and Zhao's other close relatives on the spot many times to understand the situation, and verified the situation with his neighbors. In the end, Judge Guo, together with Zhao's spouse, children, mother's family, and community workers, went to Zhao's place of residence to check on the situation. At the scene, it can be seen that Zhao was lying on the bed, repeatedly calling Zhao but there was no response, Zhao did not have any autonomous actions during the nearly two-hour conversation, all close relatives had no objection to Zhao's incapacity, and all close relatives agreed that her husband Liu would be Zhao's guardian.
After trial, the court held that Zhao was currently in a state of consciousness, completely unable to stand on his own feet in daily life, completely lost his social functions, and could not express his wishes. In the more than ten years that Zhao's plant has survived, it has been cared for by Liu, and all the close relatives are satisfied with it, and have no objection to her husband Liu as the guardian. The court then ruled that Zhao was incapacitated for civil conduct, and her husband Liu was Zhao's guardian.
In general cases of incapacity for civil conduct, the court needs to entrust an appraisal agency to evaluate the respondent's capacity for civil conduct. However, appraisal is not a necessary procedure for determining incapacity for civil conduct as prescribed by law, and in this case, it has been confirmed that the respondent is in a state of survival as a plant through cases, visits, household inspections, etc., and the determination of the respondent's incapacity for civil conduct is in line with the general perception of the public, so this case did not confirm the lack of civil capacity through the appraisal procedure.
The best reasoning of the case made the parties truly feel fair, convenient and efficient. In the future, Fengrun Court will continue to adhere to the active judiciary with the consciousness of "as I am suing", and transform the concept of justice for the people into a real sense of judicial acquisition, happiness and identity for the people.
Links to legal provisions
Civil Code of the People's Republic of China
Article 21: [Adults without capacity for civil conduct] Adults who cannot recognize their own conduct are persons without capacity for civil conduct, and their legally-designated persons are to carry out civil juristic acts.
Where minors over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph.
Article 24: [Designation and Restoration of Persons Without or Limited Civil Capacity]Interested parties or relevant organizations of adults who are unable to recognize or cannot fully recognize their own conduct may apply to the people's courts to designate that the adult is a person with no or limited capacity for civil conduct.
Where a people's court designates a person with no or limited capacity for civil conduct, the people's court may, upon application by the person, interested parties, or relevant organizations, make a determination that the adult may be reinstated as a person with limited or full capacity for civil conduct on the basis of the state of their intellectual or mental recovery.
The relevant organizations provided for in this article include: residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, lawfully established organizations for the elderly, civil affairs departments, and so forth.
Article 28: [Guardians of Adults Without or Restricted Civil Capacity] Adults who have no or limited capacity for civil conduct are to be guardians in order by the following persons with guardianship capacity:
a) Spouse;2) Parents and children;
3) Other close relatives;
4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the ward's residence.
Article 34: [Guardians' Duties and Rights and Temporary Living Care Measures] The duties of guardians are to carry out civil juristic acts and protect the ward's personal rights, property rights, and other lawful rights and interests. The rights of guardians arising from the lawful performance of guardianship duties are protected by law.
Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.
Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.