| â… . Motive, Substance and Method of This PaperDuring the course of researching on some civil law systems, such as civil subject, the assuming of the debts within marriage, and the directly-clamed duty, and on some difference issues such as the relation between joint debts and non-real joint debts, and the application of the theory of piercing the veil of corporate, the author got acquainted with that there exist some limitations within present theory of civil legal nexus which baffled the researching on the aforesaid systems and issues from reaching breakthroughs.There are some deficiencies existing in current theories of civil legal nexus , mainly embodying in the half-baked recognition in the relation between civil relationships and civil legal nexus, as well as the relation among civil legal nexus, which limits the functions of civil legal nexus as the fundamental tools in civil law. From this respect, this paper brings about a totally new theory named network theory of civil legal nexus. The basic contents of this theory includes: a) there is a kind of corresponding relation between civil legal nexus and civil relationships, and which is network-like; b) the structure of civil legal nexus network features the characters of dynamic, extending, and multidimensional; c) based on civil legal nexus network, specific civil legal nexus is always harmonious with other civil legal nexus in function; d) civil legal nexus network mainly exists as a notion of civil law, under which specific civil legal relationships are functioning, for all civil legal nexus cannot be considered altogether. This paper incorporates this theory into such civil legal systems as civil subject, joint debts and non-real-joint debts, single debts within marriage, piercing the veil of corporation with fresh and comparatively successful interpretation, and demonstrates civil legal systems in terms of totally new and functional respects and notions.â…¡. Structure and Main ContentsThis paper consists of four parts, and divides into ten chapters, as well as the foreword and the conclusion.The first part named general introduction of civil legal nexus network includes two chapters, presenting the original intention and motion of undertaking this study.Chapter one focuses upon the insufficiencies of current theories of civil legal nexus in terms of the relationships between civil legal nexus and civil relationships in real lives and the functional characters of civil legal nexus.Chapter two analyzes the basic characters of civil relationships in real society, concludes that civil relations are inter-related and inter-functioned, or in other words, that civil relationships are functioning in form of network. And then this chapter alleges and initially proves that civil legal nexus is network-like on basis of fundamental legal theories of civil law, pointing out the concept and basic outline of network theory of civil legal nexus. Civil legal nexus and network structure shall set up the appropriate contact just as that has been set up in reality. From the perspective of time, civil legal nexus is interlinked without limitation following the process of civil deeds. Simultaneously the contact among civil legal nexus is multidimensional which functions on social lives in form of network, and could not be cut off. Nevertheless, the contacts among civil legal nexus shall be handled dialectically, not only sees the contacts, but also attends to avoid concealing the individuality of specific civil legal nexus even into the sea of universal contacts.The second part addresses upon the qualification of civil legal subjects in terms of the node of the civil legal nexus network, including chapter three, chapter four and chapter five, in which network theory of civil legal nexus is utilized to interpret and explain civil legal subjects.After tidying up elementary concepts related with civil legal subjects, chapter three mainly discusses the fundamental questions of civil subjects qualification, about which current and traditional theories are reviewed, and the nodes of rights and obligations renewed in network theory, and in which the nodes theory of civil legal subjects are put forward, namely civil subjects are the nodes of the network of civil legal nexus, and the criteria of judging civil legal subjects is whether specific social beings are to be served regularly as nodes of interests stream. When the interest's stream could be ascertained as rights and duties in law, and then these nodes could be ascertained as civil legal subjects. The paper reckons that specific civil legal relationship presents the characters of linearity and episode, which shall be incorporated and functioned in network of civil legal nexus eventually. Therefore there is no what-so-called ultimate subject in civil law, and each subject merely plays the role of process or link. Whether the subject is a person, an organization, or a unity, the values, functions and purposes of which within the field of civil law are to be realized in this sense, consequently the legal systems in civil law including subject system result in good performance, and the fact that the distinctions between human and non-human are not emphasized in the subject system is in fact of no importance.Chapter four named hinging upon civil subject of non-natural person, dwells upon the central issues of juridical persons' essence, and constituents hereof. On basis of network theory of civil legal nexus, traditional debates on the essence of juridical persons are out of date, which is taken Four Elements as to represent even could not solve problems, for that any element of the Four Elements fails to interpret the essence of issue, could not be used as authentic element. As an epithet of non-natural person, juridical person is the node of networks of civil legal nexus as natural person. Whatever non-natural persons who could contact other legal subjects and other legal relationships, representing specific legal relationships based on firm background are legal persons. On the background that legal persons pursuant to Chinese laws are independently liable, the previous concept of legal persons have the sense of academy, applicable to any analysis on civil legal subjects, even on civil legal subjects of non-natural persons, consequently remaining legal subjects are to be removed hereunder, consistent with the concept of other organizations regulated in our laws.Chapter five points out several concrete questions related to qualifications of legal subjects in practice, analyzing issues in question whether affiliated agencies qualify for legal subjects and litigious status hereof, as well as owners committee and committee of villagers in practice, with the theory of network. Finally this chapter recognizes these organizations belong to other organizations qualified for civil legal subjects, while other organizations including non-profitable organizations should be controlled in concrete scope in order to keep its setting background relations.Part three is about ties of civil legal nexus, covering chapter six, seven and eight. This part makes analysis on two ties of legal nexus in judicial practice on basis of straightening out ties of civil legal nexus.Chapter six rationalizes the ties of civil legal nexus comprehensively, analyzing and dividing into ties existing within civil law, ties resulting from actions of the parties, ties induced by objective factors and ties resulting from colligate factors.Chapter seven gives a new interpretation on joint debts and fake joint debts with network theory of civil legal nexus. As to joint debts and fake joint debts, there are some misunderstandings both in theory and practice, mainly expresses at: a)putting unsuitable limits on the application of joint debts, seriously restricting its functions; b) separating the contact between joint debts and fake joint debts, artificially inviting troubles. This chapter renders that joint debts refer to several debts which jointly contact with the joint relations from performing effects, while external effects are the essence of joint debts which guides creditors what and how to do, parallel to the rights of creditors. Therefore joint debts are not definitely limited to the situations of legal regulations and contracts between parties. From the respect of network theory, joint debts and fake joint debts are substantially consistent, not reasonably separate, and joint debts could be frequently used to combine or divide civil legal nexus and which could automatically decide by right owners.Chapter eight explains straightly-ascertained liability in terms of network theory. Straightly-ascertained liability means that law demands the party who is not directly liable for right owners originally ascertains the liability for special reasons. Straightly-ascertained liability, product of jurisprudence development, expends the applicable effects of individual legal relationship within law, more advantageous than traditional legal applications which separately distinguish different legal relationships and then naturally accumulate the results. In essence, straightly-ascertained liability realizes the integration of relative legal relationships and renders multiple legal relationships as one legal relationship. The fact that straightly-ascertained liability emerges in law justifies network theory of civil legal nexus. There are two examples to be cites, namely straightly-ascertained liabilities both in product liability and in construction projects.Part four is about the application of network theory of civil legal nexus in judicial practice, including chapter nine and chapter ten.Chapter nine discusses the collision and coordination between judicially whole application and individual legal relationship. This chapter points out that judicial behaviors are both legal applications and authority exercise, which leads to maximize legal positive values both in concrete regulations in substantial law and in balance of interests between private interest and social interest. Therefore judicial behavior shall not be limited to narrow interpretation of civil regulations what-so-called one case one complain and one legal relation, but flexibly handled any legal relationship based on specific case situation.Chapter ten examines the application of network theory in judicial practice with four issues, which are property status of married persons, external civil liability of franchise, piercing corporate veil and judicial solution of joint debts. As to property status of married persons, settlement of personal debts during marriage within theory of network is emphasized, which highlights importance of indistinguishable character of the property of the married. As to external civil liability of franchise, this chapter expresses the important principle of judging backgrounds of civil subjects, namely the exterior principle based on partial and honest rule. Moreover, theory of piercing into corporate veil and relative systems are stated in this chapter, in which concrete basis is interpreted that background relations come invalid for the its existing conditions are destroyed by the subjects behind legal person. As to joint debts, this chapter contains some technical issues to be considered in judicial practice, which could advance the utilization of joint debts in process of settlement.Conclusion of this paper simply summarizes main contents, expresses its strong and weak points. Generally speaking, main achievements of this paper is that network theory of civil legal nexus is put forward to understand and utilize civil law with new respect, new notion, and new view, then gives comparatively satisfied analyses on several difficult titles in civil law, while disadvantages hereof mainly embody that current civil legal systems are failed to be completely interpreted in deep and whole, issues other than those closely related with judicial practice are not given more attention.â…¢. Innovations and ShortagesThe basic viewpoint itself of this paper is an innovation, for there is no similar view expatiated thus far. This paper advanced a new idea named the theory of the network of civil legal nexus. It's a new and available view-angle, notion and thinking means for comprehending, designing and applying the conceptions and systems of civil law. However, the research is just at its elementary stage by far and need for improving.
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