Declaration of Behavior Ability in Chinese Law: Connotation of System and Reconstruction of Theory of Interpretation

The compilation of the Chinese Civil Code is near to the end. It is an important issue as how to adopt an appropriate position of interpretation to the rules of civil code. An analysis to the system of declaration of behavior ability in The General Principles of Civil Code will display a more active position in theory. Although the regulations of the system of declaration of behavior ability in The General Principles of Civil Code are not very different as compare with the previous ones, it can be considered, through a detailed carding of the articles, that the Chinese Civil Code has, in fact, established a two-level system of adult guardianship with Chinese characteristics by a distinction between adult guardianship system and adult care system. In this framework, by a continuing reconstruction of legal interpretation, a system of institution can be made out in Chinese Civil Code which is conforming to the present law and to the world tide of development, and is effective in coping with the trend of old-age society in China.