On The Legal Status And Legislation Protection Of The Unincorporated Organizations

As a special legal entity, unincorporated organizations appear as different notion and forms in civil law in different countries, and they own various titles at home and abroad. Unincorporated organizations have always been subject to heated disputes in discussions about civil law theory,and the academes and legal communities in different countries have not gained a unanimous understanding about such issues as its concept, its type and so on. While in real life,unincorporated organizations is playing its critical role in various economic lives. As a result,jurists around the world write to express their opinions, in an effort to provide unincorporated organizations with a proper status of civil law。But on the whole, the related theoretical research and practice is apparently lagging behind the social reality. The present situation of the legislation and theoretical research in our country still sees a lack of unified standard of the law in the diverse legal issues of the unincorporated organizations apart from the scattered regulations made concerning principle matters. A unanimous opinion has never been reached in theory especially concerning the identification of the legal status of the unincorporated organizations. Consequently, the procedural subject status of the unincorporated organizations is recognized in principle yet denied in practice, which is indeed a very awkward situation. So, this study has a discussion on the legal status and legislation protection of the unincorporated organizations in order to do a favor for the legislation and legal practice.The subject of this study is unincorporated organizations. The content of this paper is as follows:Chapter one illustrates the concept of unincorporated organizations. In this chapter a comparative study is made about the concept of unincorporated organizations. By introducing the origin of unincorporated organizations and its social meanings, the paper puts forward a brand-new definition of unincorporated organizations and its features and classifies them clearly. In chapter two ,after reviewing the history of the development of status of civil law,the paper analyzes the social background, legal status and legal ability of unincorporated organizations, and points that unincorporated organizations should be regarded as civil parties. Chapter three discusses the conflicts of unincorporated organizations in civil law and procedural law in our country. After listing the present conflict conditions and analyzing the related theories, the paper finds that unincorporated organizations is an essential part in civil law and points that how to reconcile the conflicts. Chapter four deals with the related problems in legal practice of unincorporated organizations, so the definition of the legal status of unincorporated organizations is clearer so that it will be easier to be protected. Chapter five is about the choice of legislation mode for unincorporated organizations in China. Through a detailed analysis of the four legislation mode of unincorporated organizations, it points out which mode we should choose and why we should choose this one.The research on unincorporated organizations has been an important subject which should be valued. In fact, due to the history reason, the problems still exist, and will exist in a long time. However ,how to reconcile the conflict between civil subject and the procedural subject of unincorporated organizations and how to protect legal rights and interests of all unincorporated organizations has become an unavoidable hot social issue. By probing actively and beneficially into the civil rights of the new interest groups, it is of benefit to the law-revising activities and ensures the healthy growth of a coordinative socialist market economy. Furthermore, it is the requirement of regulating the country according to law, and it will help the country own a perfect system of civil parties in civil law.