题目详情

下列属于限制民事行为能力人的是()

  • A.不满8周岁的人
  • B.已满18周岁的人
  • C.不能完全辨认自己行为的精神病人
  • D.年满16周岁但以自己的劳动作为主要收入来源的人

正确答案及解析

正确答案
C
解析

民法中的限制民事行为能力人:一、8周岁以上不满18周岁的未成年人。但年满16周岁未满18周岁以自己的劳动作为主要收入来源的(就是16岁以上不满18岁已经工作了的人)视为完全民事行为能力人。二、不能完全辨认自己行为的精神病人。完全精神病的人是无民事行为能力人。刑法中的限制行为能力人:年满14周岁未满16周岁的人、不能完全辨认自己行为的精神病人,未成年人的父母是他们的法定代理人。未成年人的父母死亡或者没有监护能力的,由其有监护能力的近亲属担任他们的法定代理人。

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