The Research On The Current Legal Person's Classification Mode Problems In China

As the basis of the construction of the legal person's system in the Civil Code, the research of the legal person's classification in the West has been one of the key research topics, the importance is self-evident. One could even say that, the mode design of the legal person's classification is successful or not, will be direct impact on the foundation of the entire legal person's system. Looking at the relevant legislation in Western countries, you can find that the countries in mainland law systems are surprisingly identical in the legal person's classification system. Which is more typical in the German Civil Code that were subdivided into public law person and private law person, juridical association and consortium legal person, profitable and non-profitable as the mainstream model of the legal person's classification.From the development process of the legal person's system, we can see that, before the founding of New China, it's basically same between the relevant laws and regulations about the legal person's classification and that in the Western countries, especially in the mainland law countries. Such as the Civil Code of the Republic of China followed the legal person's classification system of Western countries, and even transplanted a large number of related laws and regulations. Although due to political, economic and ownership factors, these regulations did not spread in all of the country, but in individual region such as Taiwan which remains the long-term use.After the founding of the PRC, China's legislative workers began to commence the Civil Code draft. However, possibly because the political and economic turbulence and change in the process of the new China's growing up, or because the condition didn't mature, several draft out work were force to stop in midway, say nothing of the foundation of the legal person's system. After the reform and opening up, some previous regulations had been changed, and designed a suit of unique classification mode which has Chinese characteristics instead. However, with the development of the reform and open policy and the globalization of the world economy, such unique mode not only has grave logic deficiencies in technique, but also loses the feasibility that make our law link up with foreign related systems, which has been unable to adapt to the current and the future demands for social practice. So the reform is imperative under the situation.This article took the legal person's classification mode in China's current Civil Law for research target, adopt some methods like historical study, comparative analysis of study and demonstrative review study to discuss and suggest to the historical development of the legal person's system, the choice about the legal person's classification mode between domestic and overseas countries, the problems what this mode brought and the legislation construction of China's legal person's classification system.The foreword started with the introduction of the legal person's classification system to educe the problems which this article should discuss.The first part of this article, mainly from the perspective of history, firstly reviewed the world legal person's system process. Then it looked back the development course of the legal person's system from our Civil Law's centuries process, and analyzed of the reasons for the changes arises in our legal person's system which pave the history way for later researches.The second part of the article, through the expatiation and comparative research to the actuality and development of domestic and overseas legal person's classification system, analyzed the reasons for the distinguish between Chinese and foreign countries'legal person's classification system, which sum up the experience and lessons of various countries to provide reference for China to establish more reasonable legal person's classification mode. In the third part of this article, the author further analyzed the status and several shortcomings in China's current legal person's classification mode. In the part, the author would analyze the legal person's models which exist in our country at present, and at the same time, discuss a number of defects and shortcomings in legislative technology and judicial practice, open the need of reforming China's current legal person's classification mode out.In the last part of the article, the author started with the introduction of the designs of the legal person's Classification mode in a number of existing Civil Code Bills, learning the advanced experience from abroad, and at the same time, taking our country's legislative actuality into account, aim at the current existent organizations in our country, proposed some preliminary legislative suggestions for the construction and improvement of the legal person's classification mode in our future Civil Law.Compared with other related research articles, the paper has two innovations. Firstly in the period of looking back the development of legal person's classification, the author backward the origin of our country's special legal person's classification mode from the historical point of view, and from the aspects of technical and legal to anatomy this mode's problems. Secondly, the author open out the rule of legal person system in the base of sufficiently argument, and advance the legislate suggestion of the legal person's classification mode in our future Civil Code.