On Statutory Standards Of The Civil Subject

Civil subject, occupies an important position in the civil law in which civil right is regarded as the core. So it is significant to set up the statutory standards of the civil subject to resolve the issue on the theory circle and legislation of the civil system, lacking of consistent standards, especially while the civil code is made.Three parts are included in this article:The first part describs the functions and value of the statutory standards of the civil subject. Its function can be summarized briefly as four points. Firstly, the statutory standards can establish the content of the civil personality in advance; Secondenly, the civil subject can enter and withdraw freedly according to the statutory standards; Thirdly, the subject range adjust function, which chould preserve and adjust the range of the subject over a period in order to meet the needs of social development; The last, appraisement and guidence function, which can offer the clear evaluation criterion and guide people's recognization of setting up entities.The value of the statutory standards includes: First of all, it can economize legislative resource with maximum adaptation of the complexity of the civil subject and the request on modern legislative technology; Secondly, it can help to judge the effect of the juristic act as the civil personality is the important factor of influencing the civil juristic act effect; Thirdly, it is helpful to confirm the enjoying and protection of the civil right while the obligee must be the right subject in civil law system.The second part disscusses the necessity and feasibility of the statutory standards of the civil subject. For setting up the necessity, this text carries on the discussion from two respects mainly. First of all, there are several theories based on different foundations in our country between which disputes exist generally; Secondly , there still exists contradictions in the civil law system in the range of the civil subject. In order to solve these problems existing on the theory and practice, the establishment of the statutory standards of the civil subject is very essential .The feasibility is proved from two respects. First of all, it has possessed certain theoretical foundation that the recognition of the civil subject has already reached a comparatively deep level, and the concepting"civil subject"has already surmounted various kinds of concrete subject names gradually; Secondly, the civil legislative technology is so ripe that the regulation of abstract generality can already be used better, especially whith the good opportunity of the formulation of the civil code .The third part designs the statutory standards of the civil subject legislatively. First of all, classify various kinds of concrete subjects existing presently in order to carries on research and abstract to the essential attribute of the subject; Secondly, summarize the essence of the statutory standards of the civil subject. As the sole criterion it should include only the essence content accord with the designing requirement. The certain request should be followde are abstractness and generality, unity, opening and social life's needs. On this basis, we can conclude the essential as that the civil subject should be of human society, independent on meaning express and property; Finally, in form, the statutory standard of the civil subject should adopt the concept of"civil subject"to contain various kinds of concrete civil subjects, and only the most essential generality should be included.