The Evolution Of The Scope Of Subject

The institution of civil subject is considered to be a core concept in civil law system, centering on which a full set of rules has been built. Intensive researches have already been done right on this issue throughout the theory circles around the world. Studies on civil subject presently are mainly made from the following perspectives such as Abstract Personality Theory,The subject system originated from the ancient Rome Age within which early absolute patriarchy changed into relative patriarchy gradually. But Romans were conquered by German at the middle ages which results the fact that Rome's splendid legal civilization was deeply buried. Besides, Canon Law occupied the dominate position instead in this period. With the development of Bourgeois Revolution, the Rome Law had been brought out again by Renaissance Movement. At the same time, the appearances of French Civil Code and German Civil Code are considered to be a milestone in the evolution of subject in modern times.Based on the overall retrospect of subject's historical development studied in the first part, the second part of this thesis goes further and researches the driving force behind its evolution from the aspects of economics, society and ideology. Taking the economic factors into consideration, the non-objective social conditions cannot function singly because that the whole civil law itself is the representation of economic relationship in law. It can be summarized that law can never be the foundation of the social when it comes to the social influence on law. Those who insist that law is social basis are somewhat unrealistic. On the contrary, society is said to be the stone of law. It can be easily seen that society is the basis of private law whose social foundation is citizen society. Another influential and indispensable aspect is ideology factor. In some certain sense, national power would not end the violation to private right on the lack of the support of modern constitutional thoughts. Then, a real citizen society cannot appear as well as equal subject concept.Nowadays, with the rapid development of economy and the appearances of new things, old subject system receives great impact and a hot discussion comes out right on this topic. Consequently, the left section of part three emphasizes some key points during the expansion of subject's range. Among them, the problems of fetus's personality, personality of dead and subject rights of category existence attract more concern. It can be easily seen that it is the transformation from Absolute Human-Centralism to Relative Human-Centralism that motivates the growth of subject. The reflection of such a transformation on subject system is the broadening of scope of subject.