The Main Qualifications Of A Civil Action Of The Unincorporated Organization

Since the opening up and reform policy, with the rapid development of the non-state owned economic sector, the unincorporated organization is becoming an increasingly important part in the socialist market economy and an essential element in improving development of the social productivity and is taking part in the social and economic life on a wide-range basis. Similarly, the theoretical research and legislation of the unincorporated organizations has also undergone a gradual development for the past twenty years and has obtained certain achievements. For example, the "other organizations" with no corporate capacity have in principle the civil party status according to the law in China and this can be regarded as a major breakthrough in the General Principles of the Civil Law of the People's Republic of China made by the Civil Procedural Law and judicial practice and as a result actively motivates the related research and practice on the Substantive Law. But on the whole, the related theoretical research and practice is apparently lagging behind the social reality. The present situation of the legislation and theoretical research in our country still sees a lack of unified standard of the law in the diverse legal issues of the unincorporated organizations apart from the scattered regulations made concerning principle matters. A unanimous opinion has never been reached in theory especially concerning the identification of the civil party status of the unincorporated organizations. Consequently, the procedural subject status of the unincorporated organizations is recognized in principle yet denied in practice which is indeed a very awkward situation.The paper discusses the civil procedural subject status of the unincorporated organizations in three aspects.1. Define the concept of unincorporated organizations in order to lay a foundation for further discussions and research. To start with, in the academic and judicial worlds, there are such notions for the subject of this paper as "unincorporated organizations", "unincorporated bodies", "other economic organizations", and etc which are being used all at the same time. After comparing the word meanings and its usages, the writer of this paper holds the opinion that "unincorporated organizations" should be adopted as a standard notion. Secondly, according to the "On Civil Procedural Law" by the Supreme Court of China article 40, the unincorporated organizations are divided according to their founding aims into organizations engaged in profit-making activities such as production and management and non-profit making organizations for public welfare. Thirdly, the writer of this paper also summarizes five legal characteristics of the...