On Civil Subject Status Of Unincorporated Organization

Civil subject system is the core of civil law and precondition to establish civil legal relationship. Since Roman law, the scope of civil subject have extended continuously, from family to individual, to natural person and juridical person running neck and neck, and finally, to the multiform tendency of civil subject. By reviewing the development of civil subject, we can recognize that to qualify social relation participants with legal personality, is radically a need of development of social substantial condition, and a requirement to human being's liberation. The dilation of scope of civil subject is also creation of legal technique, and the selective outcome of legislative policy.If a living individual or a social organization can be civil subject, is highly related to the criterion of civil subject. In the case that natural person has been civil subject universally, the criterion is essentially significant only to social organization. After introducing and evaluating several kinds of theories briefly, the author consider that if a social organization want to be civil subject, it must have independent will and own governable property.The legislative experience about unincorporated organization of other countries and districts, can be a reference to legislation of China. The legislative mode of civil law system is different from that of common law system, however, it is a tendency to accept unincorporated organization as civil subject in some degree. Unincorporated organization is in an ambiguous position in actual civil law of China. Official Civil Code Draft put it on one side, and opinions of scholars differ from each other.It is important theoretic foundation to make clear the systematic value of unincorporated organization. This article tried to advance primary viewpoints in four aspects of economics, politics, sociology and jurisprudence. Author argued that it is helpful to save transaction cost, to safeguard people's incorporate freedom, to facilitate self-government of the society, and to establish harmonious legal system. Finally, the article presented a systematic framework to establish the civil subject status of unincorporated organization, including conditions, types, authorization principle, and civil liability.