Reflection and Reconstruction of the Behavioral Capacity System of Natural Persons - Based on the Modernization Perspective of Civil Law

The Civil Code is an important milestone in the construction of the rule of law in modern China. Its provisions on the capacity of natural persons not only involve the determination of the qualification of civil subjects, but also directly affect the effectiveness of civil legal acts. This article is based on the draft of the Civil Code.17Strip to22The relevant provisions of the article, combined with the modern concept of the rule of law, analyze the connotation and structure of the natural human capacity system, and explore its applicability and shortcomings in the context of the modernization of civil law. Through an in-depth interpretation of the classification of behavioral capacity, this paper proposes that although China's current behavioral capacity system has achieved remarkable results in ensuring transaction safety and justice under the rule of law, it still needs to be improved in adapting to individual differences, flexibility and execution in practice. Especially in the determination of the behavioral capacity of minors and people with mental disabilities and their legal consequences, it is necessary to strengthen the consideration and adjustment of case differentiation, and further promote the modernization of the behavioral capacity system.