Population aging has become an extremely serious social problem in the mainland, and Shanghai is a deeply aging city, and the increase in the number of elderly people means an increase in "unlimited people" (that is, people without capacity for civil conduct and people with limited capacity for civil conduct).
Jiang Tianxi, a deputy to the Municipal People's Congress, is very concerned about the protection of the rights of the "unlimited people" group. To this end, during the two sessions in Shanghai this year, a representative proposal for this group was brought.
Deputy Jiang pointed out that the upcoming "Legal Aid Law" has increased the protection of "unlimited people." Article 31 adds "request for determination that citizens have no capacity for civil conduct or have limited capacity for civil conduct" to the scope of application for assistance. Article 40, for applicants for legal aid in the event of an infringement of the right of an "unlimited person", the term "other legal representative who has no interest in the matter in question" is expanded to "other legal representative or close relative". However, the protection of "unlimited people" cannot rely solely on legal aid, but also requires the coordination of various departments and the improvement of details.
Among them, the marriage problem is the most troublesome for "infinite people". In deputy Jiang's view, it is not easy for "unlimited people" to get married, and it is even more difficult to divorce. Procedurally, the civil affairs bureau registration is not strict at the time of marriage, and the divorce must be filed by the court. As a result, there are gray groups that specifically covet the property of "unlimited people", encroach on the property of "unlimited people" through marriage, and finally empty their wealth. For the protection of "unlimited" marriages, prevention in advance is far more important than litigation after the fact.
When registering a marriage, the registrant's willingness to marry is based on whether the registrant can clearly express his intention to marry, and the situation of "unlimited persons" is not strictly examined. For those who declare that they are "unlimited persons" and have no civil persons, they cannot register their marriage; if they are declared as restricted persons, they need the consent of their guardians when registering marriages before they can register their marriages. Marriage registration in such situations is known to the family and is easier to prevent. For those who have not been declared, they are still legally fully capable of civil conduct, and the marriage is legal and valid when they register their marriages. Even if you have applied for a disability certificate, the civil affairs department will not strictly review, see the disabled information shared by the Disabled Persons' Federation, will prompt the marriage conditions, ask clearly the intention to marry, even if only 6 or 7 years old intelligence, but as long as you clearly express "I want to marry this person", sign the relevant commitment letter, you can handle the marriage registration, the marriage registration center will recommend bringing the family to the scene, but whether the family is present and their opinions are not necessary conditions.
To this end, Deputy Jiang suggested that the civil affairs marriage registration department should strengthen the examination and approval of the "unlimited person" marriage registration, and suggested that information on the cases designated by the court be shared. For those who have been declared designated, they should be confirmed to the guardian; for those who have not been declared but have intellectual disabilities, they should share information with the Disabled Persons' Federation, and after inquiry, they shall inform the contact person on the disability certificate; for suspected "unlimited people", they should inform the family members and give a certain period of time. Family members can apply for the declaration of the "unlimited person" procedure within the time limit, and if they still express their intention to marry at the expiration date, even if the contact person or family member opposes it, they should also register.
In order to better protect the legitimate rights and interests of this part of the population, Deputy Jiang suggested that the civil affairs marriage registration department should publicize the Legal Aid Law to the contacts or family members of "unlimited people" and suspected "unlimited people"; legal aid institutions can give legal advice and draft legal documents on behalf of them in accordance with article 20 of the Legal Aid Law.
For example, marriage registration, legal consequences of adding names to real estate, divorce routes, and proposals to sign relevant agreements. Draft a marital property agreement on behalf of the parties to clarify the ownership of the property of both parties. When the guardianship agreement is drafted on behalf of the guardian, the original guardian qualification is retained, so that when the "unlimited person" is infringed by the spouse, the guardian can promptly file a lawsuit to protect the personal and property rights of the "unlimited person". In this way, the protective measures will be moved forward, the operation and implementation will be further improved, the micro-gradual prevention will be prevented, the possibility of disputes between the "unlimited people" will be reduced from the source, and the legal rights of the "unlimited people" will be protected.
Reporter | Chen Yingting