| This paper was mainly extended in accordance with traditional juristic personality doctrines. The author streamed traditional juristic personality doctrines into two knowledge trees, the Fiction Theory and Realitatstheorie, the former including Concession Theory, Fiktionstheorie, Zweckvermogensthe-orie, Geniessertheorie, Amtstheorie, the later mainly including organnischetheorie and Organstheorie. As to each doctrine, the author described its implications from four aspects with special integration with the current research status in quo in China's civil law community. First was the theoretical research on personality and corporate personality. Second were the doctrines on corporate legal capacity. Third were doctrines on corporate capacity. As to this aspect, the author focused on the analysis of their implications in public law, which was not only intended to disclose the public law implications of legal capacity acquisition system in public law from macro-scope, but to discover the implications of capacity system in public law formthe micro-scope which was very technical in civil law. In this aspect, the author surely was illumined by Michel Foucault's Archaeology of Knowledge; on the other hand, the author was limited by his talent, and could not carry out research in accordance with Michel Foucault's research depth and directions strictly. Fourth, as to each doctrine on juristic personality, the author took reverse considerations from legal approaches, hoping to learn form them.The whole paper consisted of 5 chapters.Chapter I was the Introduction, consisting of 3 sections. The first section mainly analyzed the theoretical research status in quo on juristic personality or corporate entity in China, and summed up its main deficiencies from five aspects, knowledge basis, research views, interests, approaches and entire knowledge on group functions, of which there were four basic or deadly... |
