Click on the blue word **
The Civil Code has been established since the founding of the People's Republic of China
The first law named after the "Codex".
It is the construction of China's socialist rule of law in the new era.
significant results.
It is an encyclopedia of social life.
It is relevant to each and every one of us.
In particular, its protection of minors.
It's worth our attention.
Guarding all stages of conception to adulthood
Fetus
Where the protection of the interests of the fetus is involved, such as inheritance or acceptance of gifts, the fetus is deemed to have the capacity for civil rights. ”
In the "Natural Persons" section of the General Provisions of the Civil Code, new regulations have been added to move the starting point of a person's protection to the fetal period.
Those engaged in medical and scientific research activities related to human genes, human embryos, and so forth shall abide by laws, administrative regulations, and relevant state provisions, and must not endanger human health, must not violate ethics and morals, and must not harm the public interest. ”
This not only draws a red line for gene editing, which has been a hot topic in recent years, but also provides legal protection for a life from the very beginning.
Eight years old
Minors under the age of eight are persons with no capacity for civil conduct, and their legally-prescribed **persons** are to carry out civil juristic acts. ”
In layman's terms, children over the age of eight can "help the family make soy sauce".
Sixteen years old
Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct. ”
Eighteen years old
A natural person over the age of 18 is an adult. Natural persons under the age of 18 are minors. Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. ”
From life to death, the Civil Code affects a person's entire life and social course. Before the age of 18, whether it is an unborn fetus, a child who is ignorant of the world, or a vigorous teenager, can find their rights and obligations in the Civil Code.
On May 28, 2020, the Third Session of the 13th National People's Congress passed the Civil Code of the People's Republic of China. After combing, it is found that the age nodes of before birth, 2 years old, 8 years old, 16 years old, and 18 years old have important legal significance in the Civil Code.
1. Fetus: enjoy the right to inherit and accept gifts
Case: Shortly after Li Ming and Liu Li got married, her husband Li Ming died in a car accident. At this time, his wife Liu Li was already 4 months pregnant. After that, Liu Li had a conflict with her in-laws because of the division of her husband's estate. At this time, if Li Ming's estate is divided, does the fetus in Liu Li's womb have the right to inherit? The answer is yes.
Article 16 of the Civil Code stipulates that if the protection of the interests of the fetus is involved, such as inheritance and acceptance of gifts, the fetus shall be deemed to have the capacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist ab initio. Article 1155 stipulates that when the estate is divided, the share of the inheritance of the fetus shall be retained. If the fetus is dead at the time of delivery, the reserved share shall be handled in accordance with the legal inheritance.
It is worth noting that Article 1009 of the Civil Code stipulates that those engaged in medical and scientific research activities related to human genes and human embryos shall abide by laws, administrative regulations and relevant national regulations, and shall not endanger human health, violate ethics and morals, and shall not harm the public interest. This regulation has also been interpreted as a red line drawn by technologies such as gene editing in recent years, and it also provides a legal guarantee for the beginning of a life.
2. 0 to 1 year old: The father is not allowed to file for divorce
Case: After Zhang Liang and Guo Xia "flash marriage", they quarreled constantly due to incompatible personalities. 6 months after Guo Xia gave birth to her child, Zhang Liang sued the court for divorce, will the court agree to Zhang Liang's divorce request? The answer is no.
Article 1082 of the Civil Code stipulates that the man may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
This is the same as that of the Marriage Act. This is a restriction on the husband filing for divorce when the woman is pregnant, breastfeeding, etc., and is to protect the interests of the woman, the baby and the fetus. If, during the above-mentioned period, the wife files for divorce or if the woman's gross fault is confirmed by the court, the marriage may be dissolved.
3. Under the age of 8: persons without civil capacity
Case: 6-year-old Xiao Ming stole a watch of more than 20,000 yuan from his father and sold it to a watch repair shop in order to buy snacks. Can Xiao Ming's parents get their watches back? The answer is yes.
Article 20 of the Civil Code stipulates that minors under the age of 8 are persons with no capacity for civil conduct, and their legal **persons shall carry out civil juristic acts.
The age of 8 is a very important age node in the Civil Code, and it is the boundary between a person's lack of civil capacity and limited civil capacity. In addition, the issue of raising minors' children after their parents divorce and the issue of minors being adopted also involve the age of 8.
4. Over 8 years old: It is up to the person to raise the child
Case: Because of the maintenance issue, 8-year-old Xiaogang's parents quarreled and refused to give an inch in court. But Xiao Gang prefers to live with his father, will the court take his opinion seriously? The answer is yes.
Article 1084 of the Civil Code stipulates that after divorce, children under the age of 2 shall be raised directly by the mother. For children who have reached the age of 2, where the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
The Civil Code divides the issue of child support after the divorce of parents into three stages by age: those who are under the age of 2 and the mother. If the parents have reached the age of 2 and have a disagreement, the judgment shall be based on the principle of "best advantage". Children who have reached the age of 8 decide for themselves.
Drawing a line by age, the Civil Code not only maximizes the protection of the rights and interests of minors, but also provides clear trial standards for judicial adjudication organs.
5. Over 8 years old: persons with limited capacity for civil conduct
Case: 10-year-old Xiao Lei took his father's mobile phone to secretly buy props such as "** in the game**, and recharged nearly 100,000 yuan. The answer is yes.
Article 19 of the Civil Code stipulates that minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legal ** person ** or with the consent and recognition of their legal ** person; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
If Xiao Lei uses the dozens of yuan of pocket money he usually saves to buy toys in the supermarket, can his parents ask the merchant for a refund? The answer is no.
Article 145 of the Civil Code stipulates that civil juristic acts carried out by persons with limited capacity for civil conduct that are purely beneficial or that are appropriate to their age, intelligence or mental health status are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.
6. Over 14 years old: the age limit is lifted and can also be adopted
Case: Xiaohua is a rescued abducted and trafficked child, but unfortunately his biological parents have not been found. Xiaohua wants to have a home, can he still be adopted by a family at the age of 15? The answer is yes.
Article 1044 of the Civil Code stipulates that adoption shall follow the principle of the best interests of the adoptee, and it is forbidden to buy and sell minors in the name of adoption.
The current adoption law stipulates that the adoptee is a minor under the age of 14, which means that minors over the age of 14 but under the age of 18 cannot be legally adopted. Article 1093 of the Civil Code removes the age limit of "under 14 years old" and relaxes it to minors.
Article 1104 of the Civil Code stipulates that the consent of the adoptee shall be obtained for the adoption of a minor over the age of 8. Article 1114 stipulates that the adopter may not dissolve the adoptive relationship before the adoptee reaches the age of majority, unless the adopter and the adopter agree to do so. Where an adopted child is 8 years of age or older, the consent of the child shall be obtained.
7. Over 16 years old: can also become a person with full capacity for civil conduct
Case: Xiao Zhou went out to work before finishing high school, and now at the age of 17, he has his own small shop. Xiao Zhou wants to use his income to buy an apartment, but his parents don't agree, can Xiao Zhou decide for himself? The answer is yes.
The Civil Code stipulates that natural persons over the age of 18 are adults, and adults are persons with full capacity for civil conduct and can independently carry out civil juristic acts, but Article 18 of the Civil Code stipulates that minors over the age of 16 who live mainly on their own labor income shall be regarded as persons with full capacity for civil conduct.
8. When a minor is a minor, he can still sue after the age of 18
Case: Xiaoli was ** by her neighbor's uncle when she was 7 years old, but because of fear and shame, Xiaoli never told her parents or anyone else about it. Now, Xiaoli is 18 years old, she wants to claim damages from her own people, so many years have passed, will the court still accept it? The answer is yes.
Generally speaking, the statute of limitations for filing a request to the people's court for protection of civil rights is three years. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.
Article 191 of the Civil Code stipulates that the statute of limitations for the right to claim damages suffered by minors shall be calculated from the date on which the victim reaches the age of 18. This means that minors can still be prosecuted after the age of 18.
This is because in real life, minors are afraid or ashamed to inform their guardians after suffering from ** because of their immature minds, even if they are informed, some guardians choose to swallow their anger in consideration of the child's reputation, and because of the concealment of the ** harm, some guardians may not be able to discover the fact of infringement in time. This provision of the Civil Code strengthens the protection of minors from the legislative level, and can also play a deterrent and warning role for potential offenders.
9. Guardianship system: Provisions on temporary guardianship are added
Case: Xiao Gang is 5 years old this year, after the outbreak of the new crown pneumonia epidemic, his family was isolated because of the new crown pneumonia epidemic, who will take care of Xiao Gang?
Compared with the general principles of the Civil Law, in addition to statutory guardianship, voluntary guardianship, and appointed guardianship, the Civil Code has added various forms such as testamentary guardianship, agreed guardianship, and temporary guardianship, and established a guardianship system for minors that is "based on family guardianship, supplemented by social guardianship, and supported by state guardianship".
The problems encountered by Xiaogang can be solved in accordance with the provisions of "temporary guardianship" in the Civil Code, and there are mainly the following three articles related to this system:
Article 31 of the Civil Code stipulates that if there is a dispute over the determination of a guardian, and the ward's personal rights, property rights, and other lawful rights and interests are unprotected before the designation, the residents' committee, villagers' committee, relevant organization or civil affairs department of the ward's domicile shall serve as the temporary guardian.
Article 34 stipulates that if a guardian is temporarily unable to perform guardianship duties due to an emergency such as an emergency, and the ward's life is left unattended, the residents' committee, villagers' committee, or civil affairs department at the ward's domicile shall arrange necessary temporary living care measures for the ward.
Article 36 stipulates that in any of the following circumstances, the people's court shall, on the basis of the application of the relevant individual or organization, revoke the guardianship qualifications, arrange necessary temporary guardianship measures, and appoint a guardian in accordance with the principle of the best interests of the ward.
"Temporary guardianship" is a new guardianship measure added to the Civil Code, which is a temporary supplement to the guardianship of parents or other guardians, ensuring that minors can obtain effective guardianship when the guardianship of parents or other guardians is absent.
The names of the parties in this article have been changed).
Person underlined**: Civil Code**.
Scan the code to pay attention to travel, and it is also the heart of travel
Dots to share
Point Collection
The dot is watching
Thumbs up