Reconstruction Of The Partnership Legislation System

ABSTRACTIn this dissertation, the author highlights the reconstructing ofpartnership legislation system in China. In order to achieve such aproject, the author thinks it's indispensable to break free from thetraditional partnership institution, which is guided by the ideology of"legal regulation" in existing civil law and considers theidentification as discriminating standard, simultaneously establish anew idea, guided by the view of "law discovery" and employing thecharacteristic of organization and varied legal liabilities as classifyingcriterion. In accordance with such a conception, partnership can bedivided into civil panership, which shou1d be stipulated in thechaPter of creditor's rights in civil code, and commercial one, Whichis comprehensively provided in Partnership Organization Law andthen the later one falls into common partnership and limited liabilitypartnership; additionally, partnership concealing identity should beregarded as a discretely civi1 one, which also exists as civilpednership does. Wth the new system, the identities of partnersshouldn't be confined.The conienis are composed of the fOllowing six parts:In the first part, the author states explicitly the drawbacksexisting in the traditional system and finds the causes, that is, theideology of legal regulation.In the second one, the author expounds the new guidingtheoryAideology of laws discovery.ln the third one, he represellts the first step, of the thIee ones in awhole, of the reconstrUcting, naxneIy, the division of civil andconunercial partnership.3hi the fowth, he demonstrates the second step, aPplying themethod of comparaive research to some sorts of special parinership,then comes out such a conclusion that comxnercial parinership shouIdbe divided into cotnmon and limited liability one.In the fifth part, he illuminaes the third step, and studies theidentification of partners While, with emPhasis, Probes into theidentities of whficial person and commercial pndership.The last part is of conclusion, and the author surnmarizes thecontentS of the new legislation system and conceives the fufore aswell.