On The Status Of State In The Civil Subject

The traditional binary structure of natural and legal persons excludes the possibility of the acquisition of the qualification of the civil subject in other types of civil society, and limits the development of different types of the civil subjects. That does not satisfy the demands of the practical development in civil areas.As to the main judging criteria of the civil subject it currently exists multiple perspectives. According to the comparable analysis in the thesis, it thinks that the"three elements"which includes the name of independence, independence will and having relatively independent property is more reasonable.Given the impact of the trends in modern liberal democratic, state participating social activities are inclined to micro and equal manner, the type of state activities directly involved in the field of civil law is also increasing. Nowadays the state has met the principal elements for the judging criteria of the civil subject, so it should be given to the qualification of the civil subject.State power, as a concept of the public law, is corresponding to its duties on the public law; however, the state's rights and obligations only exist in the field of the private law. Thus state power should be strictly prohibited to intervene and interfere in the field of private law. Otherwise it does seriously harm to the normal order in private activities or results in other civil violations of the legitimate rights and interests. States must be clear of the exact limits and regulations by law. State taking part in specific civilian activities is usually represented by the corresponding governmental agencies and the establishment of specialized institutions in charge of the management of state assets in the investment and operation of state-owned assets should be very necessary at present.