People In Civil Law

The codification of the Civil Code is a milestone in our country legal science. There are a lot of issues need to be concerned and studied in the civil codification process. One of them which scholars should not neglect is people in civil law, in other words, how to build the system of civil subject, to make the law tradition of civil law system in our country and our past experience in civil legislation reasonably convergence, to make it adaptable to the new situation demands, and accommodate the new civil subject.From the information I can get and from the Draft of Civil Code, which the NPC Standing Committee to the National People's Congress for consideration, civil subject system is still used by natural persons, legal persons of the dual structure, neither reflect the new civil subject nor leave space for other civil subject form. In my opinion, to build such a system seems to be inappropriate, and it need to be re-considered.In order to clarify the person in civil law, firstly, the author will generally analyze the concept and associated concept of person in civil law, secondly the author will have a study of person in civil law from history and county perspective, she will tell us the Location of the person in "Code of Hammurabi" in "the French Civil Code", in "the German Civil Code" and in other Civil Code. Then she will introduce the newest civil law theory of human image, like the "rational person","economic person" and "weak and foolish person" and other more representative view. In our country, the " GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OFCHINA" as the existing civil law, civil subject system is still a "natural person-legal person" dual structure. In addition, many groups like Individual Partnership are not eligible. Even the ability and capacity for act problems and other problems like the name,classification etc exist in natural person and legal person. However, the author believes that as long as careful consideration and legislative appropriate, the problems in the system of civil subject will be resolved when we have a new Civil Code. With the development of society, new situations are emerging, they should be reflected in the Civil Code. Errors should be corrected and outdated civil subject will be cancelled, the dominant position of certain groups will be adopted. Pluralistic civil society creates multi-subject. Combing with the times and national conditions, it is recommended to adopt the civil subject ternary or multi-structure. I hope a modern Civil Code will birth with the requirements of the time, and the classification about person in Civil Code will be clearer.