| This article launches the primary coverage takes the association law personality as the main axle, legal principle theory of law of connotation on summarying tradition personality theory foundation, divides the legal personality into the natural person law personality and the non-natural person law personality, and launchs the elaboration legal principle theory of law foundation on the non-natural person law personality existence, this article unifies specially our country current jurisprudence research present situation and the atmosphere, will discuss on the law foundation of the non-natural person law personality existence from three aspects .The first, legal principle theory of law of connotation legal personality; Second, legal principle theory law of foundation law personality existence of legal person; Third, legal principle theory of law foundation illegal person association law personality existence. The author analyzes the legal person law personality and the illegal person association law personality existence various aspects legal principle theory of law turning point emphatically, plants between the penetration company personality denial system and the legal person law personality legal principle theory of law relation in this process, because analyzed the legal person independent law personality existence legal principle theory of law to want, moreover penetrated the various countries to analyze the illegal person association law personality existence legal principle theory of law turning point to the illegal person association system stipulation. But it is restricted in the author scholarship, certainly is not impossible to be connected completely the non-natural person law personality the theory carries on to each direction and the depth the impregnable exploration, but the author can write the question which meets to carry on reconsidering in the legal science method, absorbs the experience or the lesson by the time.This article complete content will be divided into six parts.The first part is an introduction, mentioned from the ancient times Rome law, summaried from the ancient Rome law time until legal personality theory and the definition in modern, through carring on the summary regarding that, has drawn out the first part of the article, namely to legal personality legal principle theory of law connotation penetrating explanation.The second part is about the legal personality principle theory of law connotation detailed elaboration,that has enumerated each kind of legal personality connotation the different indication after the part, tripartite has carried on the careful analysis legal principle theory of law of connotation facing the legal personality, namely one is the legal personality is the technical category, in this aspect elaboration pointed out the legal personality principle displaying the greatly strengthened utilizable significance in the legal existence. Therefore the legal personality is the kind of technical terminology; another the legal personality is the legal personality ,is the abstract idea and the concrete reality existence conjunction body.The legal regime and the legal science are both abstract and concrete the rationality the reality,also. the legal personality must reflect this kind of characteristic. Therefore making too abstract or too realistic understanding to the legal personality completely is inappropriate purely; The legal personality is the abstract idea existence concrete reality existence, finally expressed the human who the legal personality is refers to in the legal existence, also includes in the legislation abstract stratification plane human's existence, also includes on the human body the legal existence (or said human took legal incarnation existence), is the abstract idea and the concrete time limit existence conjunction body.The third part is to legal principle theory of law of foundation the legal person law personality existence analysis, this part mainly is through to the company personality denial system legislation and the theory present situation analysis, summarizes the legal person law personality existence the valid turning point, specifically manifests in law of corporation personality denial legal principle theory of law being suitable has the independent legal person personality take the company as the logical premise, the law of corporation personality denial legal principle theory of law only the company independent personality denies to the specific case in, then obtains the legal person law personality existence the social significance, also is the legal person law personality has on the civil law significance moreover also to have in the public law significance not merely, fundamentally the view everybody standard and the natural person personality all are the legislator establish onePlants conforms to its goal and the benefit order tool. Has like this promulgated essence of the legal person law personality.The fouth part is to legal principle theory of law of foundation the illegal person association law personality existence analysis, first from Germany, Japan, our country Taiwan area, as well as the British and American legal system illegal person association system elaborated the illegal person association law personality existence present situation, then obtains the illegal person association law personality existence various aspects condition: The independent important document, the social basis condition, the value foundation condition, the form foundation condition, and has carried on the detailed proof on various aspects condition existence performance as well as the legal principle theory of law foundation. If on the third, the forth part is this article main body part, summarizes the following conclusion through these two part of elaboration author, also is the article sixth part, developed in the modern society Central Africa natural person entity based on the economic society only needs to entrust with by the legislator the legal personality, manifested specifically in association's people, association's property, association's form, as the matter stands on has accomplished the form foundation for the non-natural person entity law personality existence, also conducted the legal principle theory of law research for us to its existence to provide the concrete backing. Finally obtains the conclusion association personality the existence to be decided by two turning point at the same time existences: A grouping turning point, namely"only then when each member's will forms the common will, when the common will forms the association will organically", when"association independent nature, because although its member composes changes completely, when does not affect its independent existence", has formed in the entity significance association. Therefore, has"the reality"association's existence, entrusts with personality of the association premise.Two value turning point, namely the association personality is the social economy development demand product, but economical demand itself cannot have the legal person system directly.As one kind of legal regime, the association personality only can produce in the legal choice, but the legal choice decided in really decides method the value judgment which gives from the legal policy angle.If on is the this article complete content.
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