Whether the lack of civil capacity needs to be determined by the statutory authority, and whether it

This is carried out in accordance with the policy of the state.

The so-called incapacity for civil conduct refers to the fact that a natural person does not have the ability to acquire civil rights and bear civil obligations by his or her own conduct. China's "General Principles of Civil Law" stipulates that the conditions for constituting a person with no capacity for civil conduct are "under the age of 10" and "completely unable to recognize his own behavior". That is, age and cognitive judgment ability, as long as one of the two has one of them, it is determined that a person has no capacity for civil conduct.

Article 12: 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.

Article 13: A mentally ill person who is unable to recognize his own behavior is a person who lacks capacity for civil conduct, and his legally-prescribed **person** is responsible for civil activities.

When judging a person as incapacitated according to his mental state and mental illness, because this involves the issue of a citizen's rights and capacity, it must go through strict legal procedures.

Second, it must be applied by interested parties;

3. Declare in accordance with legal procedures;

Fourth, it must be pronounced by the court in the form of a judgment.

The procedures for determining persons without capacity for civil conduct are as follows:

1. An application for a determination that a citizen lacks or has limited capacity for civil conduct shall be submitted by his close relatives or other interested parties to the basic level people's court at the place of the citizen's domicile;

2. The application shall clearly state the facts and basis for the citizen's lack of or limited civil capacity;

3. After the people's court accepts the application, it shall, when necessary, conduct an evaluation of the citizen who is requested to be found to have no or limited capacity for civil conduct. Where the applicant has already provided an evaluation opinion, a review of the evaluation opinion shall be conducted.

Legal basisArticle 23 of the Civil Code of the People's Republic of China.

The guardian of a person who lacks or has limited capacity for civil conduct is his or her legal person.

Article 24.

Adults who are unable to recognize or are unable to fully recognize their own conduct, their interested parties or relevant organizations may apply to the people's court to designate that the adult is a person with no or limited capacity for civil conduct.

Where a people's court finds that the adult is a person with no capacity for civil conduct or a person with limited capacity for civil conduct, upon application by himself, an interested party, or a relevant organization, the people's court may, on the basis of the state of his or her intellectual or mental health recovery, find that the adult has been restored to a person with limited capacity for civil conduct or a person with full capacity for civil conduct who has been completely searched and destroyed.

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.

Legal analysis: It will be determined after entrusting a professional medical appraisal agency or judicial appraisal agency.

The close relatives of a person who lacks or has limited capacity for civil conduct may request the court to initiate special litigation procedures to determine the parties' capacity for civil conduct.

Legal basis: Article 170 of the Civil Procedure Law of the People's Republic of China: In cases where a citizen is found to have no or limited capacity for civil conduct, Shanna is under the jurisdiction of the basic people's court at the place where the citizen is domiciled. This provision facilitates the people's court to investigate the citizen's health status and daily performance in the vicinity, collect relevant evidence and evidence, and make a correct judgment, so as to protect the legitimate rights and interests of the citizen.

Persons who lack capacity for civil conduct include minors under the age of eight and adults who are unable to recognize their own conduct.

Minors under the age of eight are persons with no capacity for civil conduct, and their statutory **persons** carry out civil juristic acts; Adults who cannot recognize their own conduct are persons with no capacity for civil conduct, and their legally-prescribed **person** shall 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.

Civil Code of the People's Republic of China

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 adults over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph.

Go to the court-appointed appraisal agency for an appraisal. Whether a natural person has the capacity for civil conduct is confirmed by national law and has nothing to do with the natural person's own will. The national laws stipulate the basic conditions that a natural person should meet to have the capacity for civil conduct, and these conditions cannot be changed through the agreement of the citizens.

Procedural statutory. Civil capacity is not subject to restrictions or cancellation except in accordance with the conditions and procedures prescribed by law, and no organization or individual may unlawfully restrict or cancel the civil capacity of natural persons, unless the law expressly provides for it.

Directly related to age and mental status.

Age determines the degree of general social cognition of a natural person engaged in civil acts, and mental condition determines whether a natural person can correctly understand and rationally engage in civil acts. The specific requirements in both areas are directly set out by law.

1. Characteristics of civil capacity.

Civil subjects independently use their own actions to obtain civil rights and bear civil obligations for themselves or others. Capacity for civil rights is the premise of capacity for civil conduct, and capacity for civil conduct is a condition for the realization of capacity for civil rights. The capacity for rights indicates the qualification of Min Xingzheng as a civil subject, and the ability to rent coarsely indicates the qualification of a civil subject to take his own behavior as a civil act.

Its characteristics are: 1) It is confirmed and conferred by the state through law, and is not determined by the subjective will of the civil subject. When the law confirms that a person has the capacity for civil conduct, it recognizes that he is qualified to carry out civil juristic acts. Bridge repentance.

2) The qualification of civil subjects to be responsible for the legal consequences of their civil activities. Only the civil acts carried out by the subject with such qualifications are valid, and they can bear responsibility for their illegal acts, otherwise, the civil acts carried out cannot take legal effect.

3) The qualifications of civil subjects to independently carry out civil activities. Those who have the capacity for civil conduct can independently carry out civil activities and obtain rights and create obligations for themselves or others through civil acts. Civil capacity can be divided into the civil capacity of citizens and the civil capacity of legal persons according to the different civil subjects.

II. The following two conditions shall be met to have full capacity for civil conduct.

1) 18 years of age or older. China's Civil Code stipulates that the age of 18 is the limit of adulthood for natural persons in China. For natural persons who are over the age of 16 but under the age of 18, but whose main livelihood is their own labor income, the law treats them as persons with full capacity for civil conduct.

Article 2 of the Opinions of the Supreme People's Court also makes specific provisions on the determination of "taking one's own labor income as the main livelihood**": "A citizen between the ages of 16 and 18 who can obtain income from his own labor and maintain the general living standard of the local people may be deemed to be a person with full capacity for civil conduct who takes his own labor income as his main livelihood." ”

2) The mental condition is healthy and normal. Citizens are able to correctly understand legal norms and common rules of social life, and carry out civil acts rationally. A person who suffers from mental illness and is unable to engage in acts rationally, even if he is over 18 years old, is not a person with full capacity for civil conduct.

Legal Analysis: An application for a determination that a citizen lacks or has limited capacity for civil conduct is to be submitted by his close relatives or other interested parties to the basic level people's court at the place of the citizen's domicile.

Legal Basis: "Civil Procedure Law of the People's Republic of China" Article 187: An application for a determination that a citizen lacks or has limited capacity for civil conduct is to be submitted by his close relatives or other interested parties to the basic level people's court for the citizen's domicile.

The application shall clearly state the facts and basis for the citizen's lack of capacity for civil conduct or for limited capacity.

Lack of capacity for civil conduct, which means that citizens cannot independently carry out civil activities, and can only be carried out by their legal **person**. Minors under the age of 18 and mentally ill persons who are completely unable to recognize their own actions are persons who are incapable of civil conduct.

Article 13 of the General Principles of the Civil Law of the People's Republic of China [Civil Capacity of Mentally Ill Persons] A mentally ill person who cannot recognize his own behavior is a person with no capacity for civil conduct, and his statutory **person** civil activities. A mentally ill person who is unable to fully recognize his or her own behavior is a person with limited capacity for civil conduct and may engage in civil activities that are compatible with his mental health condition; Other civil activities shall be carried out by his legal **person**, or with the consent of his legal **person.

The circumstances under which a person is found to be incapacitated for civil conduct are: a minor under the age of eight is a person with no capacity for civil conduct; Adults who are unable to recognize their cheating behavior are persons with no capacity for civil conduct; At the same time, minors over the age of 8 who are unable to recognize their own conduct are also persons with no capacity for civil conduct.

Legal basis] Article 20 of the Civil Code of the People's Republic of China.

Minors under the age of eight are persons with no capacity for civil conduct, and their statutory **persons** are to carry out civil law renting and dispersing the law.

Article 21.

Adults who do not excavate and can identify their own behavior are persons with no capacity for civil conduct, and their legal **person** shall 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.