The Research On The Subject Qualification Of Unincorporated Associations

Although"unincorporated associations"in our country originated in Germany's"associations without legal capacity", it has developed its owe attributes once it has been taken to China. It's necessary to related Germany's"associations without legal capacity"and Japan's"unincorporated organizations and unincorporated consortium"to it when we comprehend the meaning of"unincorporated associations", but distinguishing them is the first important thing. There exists immense difference between"unincorporated associations", Germany's"associations without legal capacity", and Japan's"unincorporated organizations and unincorporated consortium"."Associations without legal capacity"in Germany is mainly a product of the registration system, while Japan's"unincorporated organizations"and"unincorporated consortium"results from its unacceptance of "mid-legal-persons". Of China's"unincorporated associations", nonetheless, is somewhat an inevitable outcome of its special stipulation of absolute independent responsibility. Therefore, in dealing with"unincorporated associations", we must steer free of the fallacy of being constrained by these countries'recognized patterns, which, mind you, are oftentimes subjected to their mindset of irrational factors.However we try to understand the concept of"unincorporated associations"and its past, we should never fail to see that"unincorporated associations"has already been playing an irreplaceable role, and we have reason to believe that in the foreseeable future unincorporated associations will continue to make contributions.Whether to give it the subject qualification, thus, will affect the overall socio-economic development. The main criteria in determining whether"unincorporated associations"shall be given subject qualification is the inner and outer conditions required for an organization to obtain the civil subject qualification. According to the general principles of organization theory, the two inner standards are organization binding and organization independence. Although these two aspects are closely interlinked with each other, the differences are apparent. Organization binding, as a typical attribute, is abstracted .from the organization's own body while organization independence from the relation between organization and its creators. In accordance with the two aspects, the standards of an organization could be further sub-classified into stable independent meaning capacity, relatively independent property and relatively independent responsibility-holding capacity. The satisfaction of all these conditions is but a prerequisite for an organization to obtain the civil subject qualification; certain outer conditions must also be met prior to that. All of the outer conditions, social policies and economical needs are the most important factors which should be the focus of our attention.Obviously, unincorporated associations are capable of meeting these requirements. Moreover, there are other positive implications as well. Giving subject qualification to unincorporated associations is not only a perfection to group personality ,but also a requirement to civil subject diversification; giving subject qualification to unincorporated associations not only reflected the idea of people-oriented, but also is a return to practice rationality.