On The Other Organizations

Being the subject of legal relationship, person is the first concept in civil law while also the first and the most essential element of the system of civil law. However, the rich connotations of concept of civil subject have not been addressed in general textbooks. Through delineating history of emergence and development of civil subject in law, this article tries to revel the significance of civil subject in civil law branch. In the age of barbarism when everything was ruled by divine right, civil subject at law, including natural person and deities, actually was in a situation where natural persons subjected to duties. When deities were excluded from category of civil subject in civil law, civil subject emerged in hierarchy in times during which supremacy of state power was maintained over a long period of time. According to inherent and inextricable one held, civil subject enjoyed has rights and carried out his commitments. After modem times, civil subject at law started to possess certain features of civil law, such as equality, liberty and neutrality. For civil subject in law of contemporary times, civil subject in civil law has been able to develop from formal equality, liberty and neutrality to equality, liberty and neutrality in substantive sense. The author demonstrates achievements of outstanding legal experts in history in their struggles for civil subject and their theories. In the meantime, it also exposes distorted and retrogressive doctrine of civil subject in history and today.On basis of the preceding discourse, the author criticize the fault of accustomed definition about civil subject, re-determines the standard about being the civil subject; and deals with the logic and the ration about that the organization without civil capacity has capacity as a subject of civil and is capable of being the subject of civil law. As far as the author concerned, the organization without civil capacity is a third civil subject, which is parallel with natural person and corporate organization.Many countries admits of "the third civil subject", while our country has no the provision .The thesis thinks we can aim at civil subject in the construction of subject system in civil laws, and, integrating the State situations, divideenterprises into copartner, sole-investor enterprise, and branch of corporate body and so on. Because the uncertainty of limits of subject in civil law of the organization without civil capacity has caused the difficulty of legal administration of some enterprises, the author tries to construct the subjective system in coming civil corpus of civil law of China.