[ad_1]
Daily economic news
2020-12-31 10:24:06
Lu zishun
In a few days, New China’s first law named after a code, the Civil Code, will be implemented.
This 1,260-article code actively responds to people’s longing for a better life, completes and enriches the types of civil rights, improves the standards of protection and relief of civil rights, and further regulates the mechanism of protection and relief of rights. . After the implementation of the law, it is extremely important to increase people’s sense of profit, happiness and security, and to promote people’s overall development.
The Civil Code is closely related to the life of each one of us and is of great importance for the protection of the rights of all. However, one of the most important concerns of the law is potential disadvantaged groups in society, such as minors and the elderly.
Special attention was paid to the protection of the rights of minors in the legislative process of the Civil Code. The first is to improve the provisions on civil rights capacity and civil conduct capacity.
Compared with the general principles of Civil Law, the Civil Code adjusts the civil capacity of minors aged 10 to 8 years, allowing 8-year-olds to “play soy sauce.” In other words,Minors over 8 years of age who carry out simple civil activities equivalent to their intelligence are protected by law.. In reality, this gives more rights to children between the ages of 8 and 10.
At the same time, the law does not allow behaviors that are not compatible with the age and intelligence of minors, such as “tipping” behaviors when playing online games, and parents of minors have the right to request a refund from the provider of Online services.
When the Civil Code was promulgated, it also fully incorporated the principle of maximizing the interests of children. For example, article 191 of the law establishes that “the statute of limitations for the right to claim damages for sexual assault by minors will be counted from the day the victim reaches the age of 18”. For minors who defend their rights, without a doubt, a special protection mechanism is granted.
In the Marriage and Family Edition, the Civil Code clarifies the principle that is most beneficial to the adoptee and is also the embodiment of the principle of maximizing the interests of children.
In addition, the provisions of the Civil Code on the protection of the rights of the fetus, the relationship between parents and children and the rights of the personality fully reflect the special attention to minors. It can be said that after the implementation of the Civil Code, minors will have more “legal umbrellas”.
The care of the civil code for special groups is also reflected in the protection of the rights and interests of the elderly. Article 33 of the Civil Code establishes a very important system, which is the “intentional guardianship” system.
This system stipulates that adults with full capacity for civil conduct may negotiate in advance with their close relatives and other persons or organizations who wish to act as guardians to determine their guardian in writing. When they lose or partially lose their capacity for civil conduct, the Guardian performs guardianship tasks.
Undoubtedly, this solves the problem of “who will help make decisions when critical” and “who will take care and handle the important matters” of the elderly who do not have children or who have difficulty fulfilling their duties of care in their lives. last years. Furthermore, the Civil Code also establishes a “guardian”. The duty of guardianship must be carried out in accordance with the principle that is most beneficial to the ward. “This provides strong protection for the elderly, especially those who have lost civilian ability.
Regarding the solution to the problem of “the elderly are dependent” and “the elderly are supported”, the Civil Code also provides a new solution in terms of diversified forms of care for the elderly: Article 1158 of the Civil Code improves the existing legacy and supporting arrangement system. On the basis of the current inheritance law, the scope of the partisans has been broadened and the organization in it is no longer limited to the previous “collective property organization”, butIt provides that natural persons can sign legacy support agreements with organizations or persons other than the heirs.。
According to the law, according to the agreement, the organization or individual will have the obligation of natural life to support death and enjoy the right to the legacy. This means that in addition to being a natural person other than the heir, the supporter can also sign a legacy support agreement with collective economic organizations, autonomous grassroots organizations and pension institutions. After the implementation of the law, it will effectively mobilize the enthusiasm of social elderly care institutions and other related organizations to further meet the diversified elderly care needs of different groups, thereby promoting the development of elderly care services from China and continuously improving the quality of life of the elderly in their later years.
Cover Image Source: Xinhua News Agency
