The Personality Of Legal Subjects

The legal subject as a definition of the law is the result of generalization of the legislation by the legal theory. It's not only beneficial to improve the construction of Chinese legal theory, but also more conductive to the development of the qualification system.In order to be a profound state and research to the question, the paper first give the definition to the personality of the legal subjects, and then analysis the basic theories about the qualification system, meanwhile from the aspects of both the logic and value to make a deeply elaboration, and finally get the conclusion that the function of the personality is organizing the civil society and distributing the social resources. Then through the historical review about the theory of the legal subjects, especially the analysis of the qualification of the natural persons and legal groups, and summarize the important key is the free will. At last, I have discussed three different and special types of the personality of the legal subjects. First, it's about the personality of dead people. Based on the theories, the dead people should not take the rights and obligations. Second, because of lacking the free will and relative capacity and responsibility, the animus also don't have the personality. Third, it's about the "scoiety" which is triggered by the public interests litigation and contains the nature of private law and public law. It's possible that the society could be a legal subject one day, but there are still a lot of problems to be solved and relative systems to be improved.