How is the civil capacity of a natural person divided and what are the criteria?

Citizens over the age of 18 are adults with full capacity for civil conduct, can independently carry out civil activities, and are persons with full capacity for civil conduct.

Citizens over the age of 16 but under the age of 18 who rely on their own labor income as their main livelihood shall be regarded as persons with full capacity for civil conduct.

Minors over the age of 10 are persons with limited capacity for civil conduct and may carry out civil activities appropriate to their age and intelligence; Other civil activities shall be carried out by his legal **person**, or with the consent of his legal **person.

A minor under the age of 10 is a person with no capacity for civil conduct, and his legal **person** civil activities.

1. Persons with full capacity for civil conduct.

Includes: Adults over the age of 18; Persons who have reached the age of 16 but are under the age of 18 and whose main livelihood is their own labor income shall be regarded as persons with full capacity for civil conduct.

Persons with full capacity for civil conduct may independently carry out civil activities and are not bound by the will of others.

2. Persons with limited capacity for civil conduct.

Including: Minors over the age of 10 but under the age of 18; Mentally ill people who are unable to fully recognize their own actions.

A person with limited capacity for civil conduct may carry out civil activities appropriate to his age, intelligence, and mental health; Other civil activities shall be carried out by his legal **, or with the consent of his legal **. Otherwise, the civil activities carried out by it are invalid.

3. Persons without civil capacity.

Including: minors under the age of 10; Mentally ill people who are unable to recognize their own actions.

A person who lacks capacity for civil conduct cannot carry out civil activities independently, and must be legally responsible for civil activities. Otherwise, the civil activities carried out by it are invalid. However, the acceptance of rewards, gifts, or remuneration by persons without or limited capacity for civil conduct is valid.

Those who are over 18 years old are persons with full capacity for civil conduct, and those who are under the age of 18 but have reached the age of 16 and whose labor income is their main livelihood** are also regarded as persons with full capacity for conduct.

Minors between the ages of 10 and 18 are persons with limited capacity for civil conduct;

A person under the age of 10 is incapacitated.

For mentally ill persons, according to their mental status, their capacity to act, or incapacitated or partially capable, is examined on a case-by-case basis, and a system is provided for interested parties to apply for a declaration of capacity for mentally ill persons.

Legal analysis: The civil capacity of natural persons is divided into full civil capacity, limited civil capacity, and no civil capacity.

Legal basis: Civil Code of the People's Republic of China

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.

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.

Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** persons ** or with the consent and posthumous recognition of their legally-prescribed ** persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

Article 20: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.

Article 21: Adults who are unable to recognize their own conduct are persons with no 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 22: Adults who are unable to fully recognize their own conduct are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **person** or with the consent and retrospective consent of their legally-designated **person; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their intellectual or mental health conditions.

Article 23: The guardians of persons who lack or have limited capacity for civil conduct are their legally-prescribed persons.

Article 24: 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, upon application by the person, an interested party, or a relevant organization, the people's court may find that the adult has been restored to a person with limited or full capacity for civil conduct on the basis of the state of his 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.

Natural civil capacity refers to the ability of natural persons to independently exercise civil rights and perform civil obligations, which is divided into three types: persons with full civil capacity, persons with limited civil capacity, and persons without civil capacity.

Full capacity for civil conduct: Adults who are not mentally ill and citizens over the age of 18 are adults with full capacity for civil conduct, can independently carry out civil activities, and are persons with full capacity for civil conduct. Minors with a fixed labor income, citizens over the age of 16 but under the age of 18, who rely on their own labor income as their main livelihood, are regarded as persons with full capacity for civil conduct.

A person with full capacity for civil conduct may independently carry out civil juristic acts, and the validity of the civil juristic acts he or she carries out will not be denied because of his lack of capacity.

According to Article 19 of the Civil Code, minors over the age of eight 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.

First, persons without civil capacity, that is, children under the age of 8 and mentally ill persons are all persons without civil capacity, and natural persons at this stage do not have the ability to exercise civil rights independently, even if it is purely profit-making acts, they are invalid, and require the consent of guardians or subsequent recognition;

Second, persons with limited capacity for civil conduct, i.e., natural persons who have reached the age of 8 but are not yet 18 years old, and intermittent mentally ill persons, at that stage, natural persons may independently exercise civil juristic acts (purchase of daily necessities) that are consistent with their intellectual level, and civil juristic acts beyond a reasonable range also require the consent or recognition of guardians;

That. 3. Persons with full capacity for civil conduct, that is, natural persons who have reached the age of 18, or natural persons who have reached the age of 16 but have not yet reached the age of 18 and whose main livelihood is their own labor income, and the natural persons at this stage have the ability to independently exercise civil rights and bear civil obligations, which belongs to the scope of their own responsibility.

1. Vicarious responsibility of guardians.

The theoretical basis and justification of the guardian's responsibility for the ward's wrongful acts is that he can control the ward's danger to third parties at the lowest cost and fully protect the victim. In the strict sense of vicarious liability, the responsibility of the ward should first be determined and then transferred to the guardian. From the perspective of the composition of responsibility, if the ward has the ability to be responsible, he or she must first be held responsible.

In China, there is no concept of "capacity for responsibility" in law, and there is no question of imputing responsibility. Therefore, the responsibility of the guardian to the ward in Chinese law is vicarious responsibility in a broad sense, rather than vicarious responsibility in the strict sense. In terms of the specific assumption of responsibility, most countries stipulate (or laws or precedents) that guardians and wards are jointly and severally liable (except for persons who are incapacitated).

If the other responsible persons are unable to pay compensation, and the incapacitated persons have property and other financial capacity, the judge may hold them liable on the basis of equity.

2. Protection of the special interests of the fetus.

According to the relevant provisions of China's Civil Code, if it involves the protection of the interests of the fetus such as inheritance and acceptance of gifts, the fetus will be deemed to have the capacity for civil rights. Article 16 of the Civil Code of the People's Republic of China involves the protection of the interests of the fetus, 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 from the beginning.

Article 1155:When the estate is divided, the fetus's share of inheritance 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.