Second, the determination of the birth standard is directly related to the legal fact that people start from the fetus, pass through infants, young children, children, adulthood, old age and death. Some specific ages have specific legal significance:
(1) "Fetus"
The fetus is still in the mother's body and has not yet been born. It can't be called a "person" in law, and the law only recognizes it as a "fetus". Although not a person in the legal sense, it still has legal significance. Article 28 of the Inheritance Law; "When the estate is divided, the share of inheritance of the fetus shall be retained. The fetus dies at birth, and the reserved share is handled in accordance with legal inheritance. " Although the fetus is not a "person" in civil law, it has no capacity for civil rights, can not enjoy civil rights according to law, and can not bear civil obligations. However, law is based on society after all, and the pursuit of harmony is the goal of law. Since there is a "posthumous child" phenomenon in social life, the law should take care of these problems as much as possible outside the general provisions. Therefore, when a person is not born, he gains a certain legal status. If such a traffic accident happens, the husband is killed and the wife is pregnant, can the fetus in the body claim compensation for maintenance from the responsible party? According to the laws of our country, if a person dies due to an infringement, he shall compensate his dependents for their living expenses. The dependents here are the people actually raised by the deceased, and the fetus is not the legal dependents, let alone the people actually raised by the deceased. Should the expenses be compensated? This should be considered from the perspective of protecting the interests of the fetus, because the birth of the fetus can happen according to common sense, and the loss of the corresponding support interests after birth has a causal relationship with the tort of the infringer. Of course, the fetus must be a live birth (even a stillbirth) to pay maintenance. If it is stillborn, there is no obligation to pay. What if the fetus is not born when the accident is handled? A safe way is to set aside this expense and deal with it after birth. In addition, in order to reflect the special protection of the "fetus", China's Criminal Law and the Law on Public Security Administration Punishment stipulate that pregnant women are not applicable to the death penalty and public security detention.
(2), 1-6 years old
Age starts from birth. A fetus without an independent personality before birth becomes an independent individual after birth and becomes a "person" with independent personality rights.
Article 9 of China's General Principles of Civil Law stipulates: "A citizen has the capacity for civil rights from birth to death, enjoys civil rights and assumes civil obligations according to law." In fact, it is more appropriate for citizens here to be called "people" or "natural persons". Because "citizen" is a concept in "public law", it does not include foreigners and stateless people. According to the birth standard, no matter premature or full-term delivery, once the fetus is delivered from the mother and has life, a "person" called a baby is born at this time. Since we have won the title of "human", any behavior that ignores his personality rights (mainly manifested in personality independence, personality freedom and personality equality) is prohibited by law.
According to Chinese laws, children under one year old are infants, children over one year old but under six years old, and children over six years old but under fourteen years old. Infants are of great legal significance. According to the second paragraph of Article 239 of the Criminal Law, whoever steals a baby for the purpose of extorting property shall be punished in accordance with the first paragraph of the crime of kidnapping, and shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; Whoever causes the death of the kidnapped person or kills the kidnapped person shall be sentenced to death and his property shall be confiscated. Item (6) of Article 240th of the Law stipulates that whoever steals a baby for the purpose of selling constitutes the crime of abducting and selling women and children, and can be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment. If the circumstances are especially serious, he shall be sentenced to death and his property shall be confiscated. According to common sense, theft and kidnapping have obvious differences in behavior and intensity, so theft and kidnapping cannot be compared in general. However, it is precisely because infants and young children have no self-defense ability at all. Therefore, if a crime that a teenager or an adult can only accomplish through kidnapping happens to an infant, theft is enough. At this time, due to the different goals, theft can have exactly the same effect as other violent kidnappings. Therefore, in order to strengthen the legal protection of infants, the law has made the above provisions. At the same time, for the benefit of babies, women who breastfeed babies under one year old violate the Law on Public Security Administration Punishment and are not applicable to public security detention.
(3) 6-7 years old
Article 4 of China's Compulsory Education Law stipulates: "The state, society, schools and families guarantee the right of school-age children and adolescents to receive compulsory education according to law." Article 5 stipulates: "All children who have reached the age of six, regardless of gender, nationality or race, should go to school and receive compulsory education for a specified number of years. Areas where conditions are not available can be postponed to seven years old. " From this point of view, six years old is the legal starting point for a person to begin to exercise his right to receive compulsory education. At the same time, from this age, parents and other guardians have a legal obligation to ensure that their children receive compulsory education, and no other individual or organization may employ people of compulsory education age. In addition, according to Article 64 of China's Road Traffic Safety Law: "Preschool children must be led by people who are responsible for their management and protection when walking on the road." Accordingly, children under the age of six cannot walk alone on streets or highways.
(4) 10 years old
According to Chinese laws, minors are 18 years old. From the perspective of civil law, 10 years old is a very important age dividing line, which divides minors into two stages: 10 years old before and 10 years old after. Article 12 of the General Principles of Civil Law stipulates: "/kloc-A minor over 0/0 is a person with limited capacity for civil conduct and can engage in civil activities appropriate to his age and intelligence; Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives. /kloc-Minors under the age of 0/0 are persons without civil capacity, and their legal representatives represent civil activities. " /kloc-Whether the civil activities of minors over 0/0 age are suitable for their age and intelligence can be determined from the degree to which their behaviors are related to their lives, whether their intelligence can understand their behaviors, whether they can foresee the corresponding consequences of their behaviors, and the amount of their behavioral objects. Mainly refers to some civil actions related to their own lives, such as buying schools and daily necessities, which are generally considered effective, such as buying mobile phones and jewelry. This is a legal contract which has not yet come into effect and must be approved by their legal representative.
(5) 12 years old
According to the Road Traffic Safety Law, more than 12 people can legally ride bicycles and tricycles on the road. In other words, it is illegal for children under the age of 12 to ride bicycles on the road, otherwise they will bear corresponding responsibilities in case of accidents. Here, I hope parents will take the responsibility of guardianship and don't let children under the age of 12 ride bicycles.
(6)14-16 years old
14 is a very important and dangerous age. Because from this age, people are likely to bear the responsibility of administrative law and criminal law for their actions. According to Article 17 of the Criminal Law, 14- 16 is the age of relative criminal responsibility. Whoever intentionally kills or intentionally injures others and causes serious injury or death, rape, robbery, drug trafficking, arson, explosion or poisoning shall bear criminal responsibility. According to Article 25 of the Administrative Punishment Law: "If a person under the age of 14 commits an illegal act, he shall not be given administrative punishment, and his guardian shall be ordered to discipline him; If a person who is over 14 years old but under 18 years old commits an illegal act, he shall be given a lighter or mitigated administrative punishment. " So when a person reaches the age of fourteen, he must pay more attention to his behavior, otherwise he will be punished by criminal law and administrative law. Of course, because he is still a minor at the age of 14, his cognitive ability and control ability are not perfect, and relevant laws also stipulate that people who have reached the age of 14 but are under the age of 18 should be given a lighter or mitigated punishment for committing crimes. If the trial is not public; The death penalty is not applicable; Judicial officials can inform their parents to be present when they are questioned; If the defendant is a minor at the trial, the court shall also appoint a lawyer to defend him; Juvenile delinquency is generally not sentenced to additional deprivation of political rights; Generally, confiscation of property is not sentenced; Applicable to those who meet the applicable conditions of applicable control, probation, single punishment or exemption from criminal punishment; People aged 14- 16 are not sentenced to life imprisonment for committing crimes; 14- 16-year-old people use slight violence or threats to force other minors to carry a small amount of daily necessities, school supplies or money, which does not cause serious harmful consequences, and is not considered a crime (16-year-old or 18-year-old is not considered a crime), and so on (see Criminal Law, etc.).
In addition, Article 39 of the Law on the Protection of Minors stipulates that persons under the age of 14 who commit murder, serious injury, robbery, arson, habitual theft or other crimes that seriously disturb social order may be taken in for reeducation if necessary.
14 years old is also an age limit strictly protected by law for some people. According to the criminal law, a young girl under the age of 14 has sexual relations with a young girl, regardless of whether the young girl agrees or not, she should be severely punished for rape; At the same time, both men and women who are under the age of 14 can become the objects of crime of trafficking in children and crime of trafficking in children. Since the criminal law only stipulates the crimes of abducting and selling women in crime of trafficking in children and crime of trafficking in children, it is impossible to pursue criminal responsibility for abducting and selling people over 14 or men over 14.
The Law on Public Security Administration Punishment stipulates that minors aged 14- 16 who violate the Law on Public Security Administration Punishment shall not be punished by public security detention. When inquiring about the violator under the age of 16, he shall notify his parents or other guardians to be present.
(7)16-18 years old
This age group has the same legal meaning as 14- 16. From this age, people have the right to work, and employers are prohibited by law from hiring minors under the age of 16. Units of literature, art, sports and special arts and crafts that employ minors under the age of 16 must go through the examination and approval procedures in accordance with relevant state regulations, and guarantee their right to receive compulsory education (see the Labor Law). If you can earn income from your own labor and maintain the general living standard of the local people, you can think that you are a person with full capacity for civil conduct whose main source of livelihood is your own labor income, and you are regarded as an adult in civil activities (see Article 1 1 of the General Principles of the Civil Law). Also from the age of 16, anyone who commits any crime will bear criminal responsibility, because according to the relevant provisions of the criminal law, 16 is the absolute age of criminal responsibility. However, there are special regulations for people of this age group: the attempted or terminated theft between the ages of 16 and 18 is not considered a crime. Stealing the property of one's family or close relatives, or stealing the property of other relatives, but other relatives request not to pursue it, can not be treated as a crime (see relevant judicial interpretation). In addition, according to the provisions of the Road Traffic Safety Law, people who have reached the age of 16 can drive electric bicycles or wheelchairs for the disabled, and can also drive animal-drawn vehicles. In order to embody the spirit of giving priority education to minors who violate public security administration, the Law on Public Security Administration Punishment stipulates that minors who have reached the age of 16 and under 18 shall not be punished by administrative detention if they violate public security administration for the first time.
(8) 18 years old
/kloc-people under the age of 0/8 are minors. As the hope of the country's future, the state has specially formulated the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency to protect the rights of people under the age of 18. At the same time, it is stipulated that alcohol and tobacco should not be sold to minors, and that they should not stay overnight without the consent of their guardians. 18 years old, belonging to adults. Enjoy a wide range of civil rights: the right to vote and be elected, the right to participate in state management, the qualifications to hold public and social positions (including police, lawyers, civil servants), and the handling of companies and enterprises. According to Article 1 1 of the General Principles of the Civil Law, "18-year-old citizens are adults, with full capacity for civil conduct, and can independently carry out civil activities and have full capacity for civil conduct." Of course, as adults, they should also fulfill their obligations stipulated by law. Male citizens who have reached the age of 65438+February 3 1 the year before last 18 should be enlisted for active service. Those who were not enlisted in that year can still be enlisted for active service before the age of 22. According to the needs of the army, female citizens may be recruited for active service in accordance with the provisions of the preceding paragraph. According to the needs of the army and the principle of voluntariness, male and female citizens who were under the age of 18 before June 65438+February 3/of that year can also be enlisted for active service.
(9)20 to 22 years old
According to the Marriage Law, since the age of 20, women have the right to marry. In the field of marriage, men get the right to marry 2 to 22 years later than women. Men and women who are under the legal age for marriage, and people who live together in the name of husband and wife, whether they have held a wedding or obtained marriage registration by fraudulent means, can not obtain the validity of legal marriage. At the same time, the state encourages late marriage, and those who get married more than two years after the legal age of marriage belong to late marriage.
(10), 23 years old
Those who graduate from law schools and other universities in advance and obtain corresponding academic qualifications and pass the judicial qualification examination may be appointed as judges and prosecutors. Of course, you must also meet other requirements, such as having China nationality, supporting the Constitution of China, and being in good health (see the provisions of the Law on Prosecutors and the Law on Judges).
(1 1), 25 years old.
The Law on Notarization stipulates that citizens who meet certain conditions and have reached the age of 25-65 can serve as notaries.
(12), 45 years old
If you are interested in serving the country and the people of the whole country, and have the corresponding conditions, you are qualified to be the chairman and vice-chairman of People's Republic of China (PRC) (stipulated in Article 79 of the Constitution).
(13), 55 to 70 years old.
Unless otherwise stipulated, female civil servants should retire at this age (stipulated in the Civil Service Law). Male civil servants can work five years longer than women. The flower season is when you retire. If you want to work for more years, you must first become a senior expert, because the state stipulates that they can only work until they are 65 or 70 years old. In addition, according to the Law on the Protection of the Rights and Interests of the Elderly, the elderly over 60 should receive special preferential treatment and respect in our warm family, because respecting them means respecting ourselves, and anyone will grow old. Many preferential measures have been formulated for the elderly, such as stipulating that the elderly can take city buses and subways free of charge, and museums, memorial halls, libraries and parks are open to the elderly free of charge. In addition, the Law on Public Security Administration Punishment stipulates that anyone over 70 years old who violates public security administration shall not be punished for public security detention.
(14), 75 years old.
75 years old still has some legal significance. According to the judicial interpretation of the Supreme Court, the compensation for personal injury and disability is paid for 20 years from the date of disability, according to the level of disability and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located. For those over 60 years of age, the age will decrease by one year for each additional year, and for those over 75 years of age, it will be counted as five years. The same is true for the calculation of death compensation. Compensation for 20 years and over 60 years of age, each increase in age 1 year decrease 1 year, over 75 years of age, calculated as 5 years. The calculation method of the living expenses of the dependents is as follows: if the dependents are minors, they will be raised to 18 years old; If you are unable to work, you will be raised for 20 years; Those over 60 years old will be reduced by one year for each additional year; For those over 75 years old, it is five years.
All the ages mentioned above are "one year old", which shows the importance and legal significance of the identification of birth standards. (Above inclusive)
Law accompanies a person's life. I wish you peace all the year round and enjoy the sunshine and rain of the law!