After the implementation of the regimes in relevance to the Civil Code in China,the homogeneous relationships within the unified assessment system of legal capacity have almost col-lapsed.This not only fails to dispel the old theoretical entanglements,but also adds numerous contra-dictory evaluations and loopholes,and affects the practical values of legal acts.The key to repairing the system lies in the reconstruction of the evaluation of will.As an expression of free will,the genu-ine intent and expression of intent share homologous characteristics.Their common behavioral charac-teristics foster the evolution of rationality in the interaction of intent,which is inherent in the various constitutive elements of traditional mental capacity and presents itself as a dual system of evaluative rationality in the variation of concepts.The verbal capacity points to the autonomy and reflexivity of expression of intent,and serves as a systematic continuity function to fill the loopholes in the evalua-tion of the incompetence system and avoid its relative risks.Reconstructed mental capacity of legal act encompasses self-awareness constrained by the purpose of the actor,reasons validating the fulfill-ment of linguistic effectiveness,the quantifiability of linguistic meaning,and recognition of the re-quirements for normative effectiveness.The acknowledgment relations in linguistic interactions pro-vide a unified capacity assessment for legal act and endow the mental capacity with an identifiable ap-pearance.
Legal CapacityEvolution of RationalityGenuine IntentVerbal CapacityMen-tal Capacity
NETL
NSTL
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