Thu, May 07, 2020 page8

• Adulthood at 18 fraught with issues

  • By Chen Jwu-shang 陳竹上
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  In Taiwan, we leave youth behind when we turn 18. At that age, we must take full legal responsibility for any criminal actions we commit. When we turn 20, we become adults, and must take full legal responsibility for our civil actions, and can, for example, enter into contracts.

  As a result of this two-year difference, it has been proposed that the law be amended to lower the age of adulthood from 20 to 18. This might be in line with the global trend, but it would have far-reaching effects.

  At the end of March, there were approximately 550,000 people in Taiwan aged 18 to 20, and 52 percent of them were male. Although fewer people will join this age group for every coming year, their rights and benefits still require careful planning.

  From a legal perspective, much thought has gone into the many different age-related restrictions, such as 16 for the age of consent and 40 as the minimum age for presidential candidates.

  There is quite a difference between civil and criminal responsibility, and perhaps the reason for the inconsistency is this: People are expected to fully recognize criminal behavior at an earlier age, but are given two more years to comprehend more complex civil responsibilities, such as contracts and exchanges. Still, this is as much a restriction as it is an opportunity to learn.

  Because the actions of minors are restricted, contracts they enter into are only be binding if they are recognized by the their legal guardian — normally their parents — unless it is a straightforward matter of profit or meeting daily needs.

  As an example, I have on many occasions had to help first and second-year university students dissolve controversial contracts when they are unable to pay the monthly installments after purchasing teaching materials for tens of thousands of New Taiwan dollars. If the age of adulthood is lowered, that would no longer be possible.

  These restrictions on the binding force of contracts are said to be there for protection, but it also causes problems for those who want to open a bank account, or apply for an ID document or student loan, as they need the approval of their parents. This problem becomes particularly obvious when their parents have divorced, as this often makes it difficult to obtain the approval of both.

  In 2018, 68,619 minors came from divorced families and the parents of 14,801 of those — about 22 percent — had shared custody. This is something policymakers should keep in mind.

  The Civil Code stipulates that parents have the right and the obligation to protect and raise their children. In most child-support related lawsuits, alimony is to be paid monthly until the children turn 20.

  The net school enrollment rate for 20-year-old Taiwanese is 73 percent, the highest in the world. This is compared with 51.8 percent in the US and 26.3 percent in Germany.

  If parents are no longer responsible for their children after they turn 18, that would have a significant impact on students.

  The Civil Code also stipulates that if a minor infringes on the rights of another, their parents in principle share the responsibility for compensation, as is vividly depicted in the family drama A Sun (陽光普照). Legislators should therefore also consider whether an amendment to the law would have an impact on the protection of victims.

  Furthermore, a search using the keyword “adult” turns up 359 related laws, from minor issues such as applying for a household registration document to major issues such as organ transplants. All these issues would have to be reviewed to ascertain the overall feasibility of any proposed amendment.

  As a reference, there is a four-year transitional period when entering adulthood in Japan. Adulthood also involves accumulating social experience, but the elementary and secondary stages of our 12-year education system focus mainly on written tests, which means that students for many years have little contact with society at large.

  This is probably the most important complementary measure that should be considered in connection to any amendment to the law.

  Chen Jwu-shang is a professor at National Kaohsiung Normal University’s General Education Center.

  Translated by Perry Svensson
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