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A citizen shall have the capacity for civil rights from birth to death and
shall enjoy civil rights and assume civil obligations in accordance with
the law.
Article 10
All citizens are equal as regards their capacity for civil rights.
Article 11
A citizen aged 18 or over shall be an adult. He shall have full capacity
for civil conduct, may independently engage in civil activities and shall
be called a person with full capacity for civil conduct.
A citizen who has reached the age of 16 but not the age of 18 and whose
main source of income is his own labour shall be regarded as a person with
full capacity for civil conduct.
Article 12
A minor aged 10 or over shall be a person with limited capacity for civil
conduct and may engage in civil activities appropriate to his age and
intellect; in other civil activities, he shall be represented by his agent
ad litem or participate with the consent of his agent ad litem.
A minor under the age of 10 shall be a person having no capacity for civil
conduct and shall be represented in civil activities by his agent ad
litem.
Article 13
A mentally ill person who is unable to account for his own conduct shall
be a person having no capacity for civil conduct and shall be represented
in civil activities by his agent ad litem.
A mentally ill person who is unable to fully account for his own conduct
shall be a person with limited capacity for civil conduct and may engage
in civil activities appropriate to his mental health; in other civil
activities, he shall be represented by his agent ad litem or participate
with the consent of his agent ad litem.
Article 14
The guardian of a person without or with limited capacity for civil (来源：英语学习门户 http://www.EnglishCN.com)
conduct shall be his agent ad litem.
Article 15
The domicile of a citizen shall be the place where his residence is
registered; if his habitual residence is not the same as his domicile, his
habitual residence shall be regarded as his domicile.
Section 2 Guardianship
Article 16
The parents of a minor shall be his guardians.
If the parents of a minor are dead or lack the competence to be his
guardian, a person from the following categories who has the competence to
be a guardian shall act as his guardian:
(1) paternal or maternal grandparent;
(2) elder brother or sister; or
(3) any other closely connected relative or friend willing to bear the
responsibility of guardianship and having approval from the units of the
minor's parents or from the neighbourhood or village committee in the
place of the minor's residence. In case of a dispute over guardianship,
the units of the minor's parents or the neighbourhood or village committee
in the place of his residence shall appoint a guardian from among the
minor's near relatives. If disagreement over the appointment leads to a
lawsuit, the people's court shall make a ruling.
If none of the persons listed in the first two paragraphs of this article
is available to be the guardian, the units of the minor's parents, the
neighbourhood or village committee in the place of the minor's residence
or the civil affairs department shall act as his guardian.
Article 17
A person from the following categories shall act as guardian for a
mentally ill person without or with limited capacity for civil conduct:
(1) spouse;
(2) parent;
(3) adult child;
(4) any other near relative;
(5) any other closely connected relative or friend willing to bear the
responsibility of guardianship and having approval from the unit to which
the mentally ill person belongs or from the neighbourhood or village
committee in the place of his residence. In case of a dispute over
guardianship, the unit to which the mentally ill person belongs or the
neighbourhood or village committee in the place of his residence shall
appoint a guardian from among his near relatives. If disagreement over the
appointment leads to a lawsuit, the people's court shall make a ruling.
If none of the persons listed in the first paragraph of this article is
available to be the guardian, the unit to which the mentally ill person
belongs, the neighbourhood or village committee in the place of his
residence or the civil affairs department shall act as his guardian.
Article 18
A guardian shall fulfil his duty of guardianship and protect the person,
property and other lawful rights and interests of his ward. A guardian
shall not handle the property of his ward unless it is in the ward's
interests.
A guardian's rights to fulfil his guardianship in accordance with the law
shall be protected by law.
If a guardian does not fulfil his duties as guardian or infringes upon the
lawful rights and interests of his ward, he shall be held responsible; if
a guardian causes any property loss for his ward, he shall compensate for
such loss. The people's court may disqualify a guardian based on the
application of a concerned party or unit.
Article 19
A person who shares interests with a mental patient may apply to a
people's court for a declaration that the mental patient is a person
without or with limited capacity for civil conduct.
With the recovery of the health of a person who has been declared by a
people's court to be without or with limited capacity for civil conduct,
and upon his own application or that of an interested person, the people's
court may declare him to be a person with limited or full capacity for
civil conduct.
Section 3 Declarations of Missing Persons and Death
Article 20
If a citizen's whereabouts have been unknown for two years, an interested
person may apply to a people's court for a declaration of the citizen as
missing.
If a person's whereabouts become unknown during a war, the calculation of
the time period in which his whereabouts are unknown shall begin on the
final day of the war.
Article 21
A missing person's property shall be placed in the custody of his spouse,
parents, adult children or other closely connected relatives or friends.
In case of a dispute over custody, if the persons stipulated above are
unavailable or are incapable of taking such custody, the property shall be
placed in the custody of a person appointed by the people's court. Any
taxes, debts and other unpaid expenses owed by a missing person shall
defrayed by the custodian out of the missing person's property.
Article 22
In the event that a person who has been declared missing reappears or his
whereabouts are ascertained, the people's court shall, upon his own
application or that of an interested person, revoke the declaration of his
missing-person status.
Article 23
Under either of the following circumstances, an interested person may
apply to the people's court for a declaration of a citizen's death:
(1) if the citizen's whereabouts have been unknown for four years or
(2) if the citizen's whereabouts have been unknown for two years after the
date of an accident in which he was involved.
If a person's whereabouts become unknown during a war, the calculation of
the time period in which his whereabouts are unknown shall begin on the
final day of the war.
Article 24
In the event that a person who has been declared dead reappears or it is
ascertained that he is alive, the people's court shall, upon his own
application or that of an interested person, revoke the declaration of his
death.
Any civil juristic acts performed by a person with capacity for civil
conduct during the period in which he has been declared dead shall be
valid.
Article 25
A person shall have the right to request the return of his property, if
the declaration of his death has been revoked. Any citizen or organization |
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