The Construction of Supported Decision-Making in Civil Law
As the pioneer of the continental law worldwide,China's Civil Code for the first time confirmed the in-tended effect of an act of Supported Decision-Making in the Article 35(3).However,little attention has been paid to the question of how to integrate this common law concept into the local institutional context in aca-demic filed.The self-determination is essentially derived from the recognition among different individual per-sons,in which mental disabilities enter the recognition structure and realize self-determination by the act of Supported Decision-Making.The act of Supported Decision-Making is the expression of intent during the process of interpersonal communication,which is characterized by the otherness of capacity of comprehen-sion,the intersectionality of the supported-will,and the reciprocity of the supported-relationship.The defec-tive comprehension-capacity can be compensated by supporter's supported-will,which is transformed into the supported person's own meaning in the support-recognition relationship.There are essentially three internal components of the act of Supported Decision-Making:the capacity to speak autonomously using symbolic phenomena established by language rules;the intent to participate in the social interaction;and the intent to participate in the legal interaction.The supported-will only takes effect in the formation of the intent of partic-ipation.The act of Supported Decision-Making cannot be supported by law if lacking any of the component addressed above.The distinction between the capacity to speak and to comprehend is used to create a system-ic interpretive scheme for the application of the norms between the act of Supported Decision-Making and other associated systems.
Supported Decision-MakingIntersubjectivityRecognitionExpression of intentCom-municative Acts
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