Unincorporated Association Study

Nowadays a great number of theoretical research writings by lots ofscholars at home and abroad have been concerned with the notion ofnon-legal entity. Non-legal entity has always been subject to heateddisputes in discussions about civil law theory, and the academes andlegal communities in different countries have not gained a unanimousunderstanding about such issues as its concept, its type and so on. Whilein real life, non-legal entity is playing its critical role in variouseconomic lives. As a result, jurists around the world write to expresstheir opinions, to explain the phenomena or to accuse the presentlegislation, in an effort to provide non-legal entity with a proper statusof civil law。Chinese scholars also pay attention to the theory and focuson non-legal entity in the process of studying civil law. And non-legalentity also becomes a hot topic in the process of making civil law inChina. In view of these facts, the thesis is intended to make furtherstudies on the theory of non-legal entity and make some contribution tothe designing more advanced law about civil subject through studyingsome basis issues on non-legal entity.The first part of the thesis mainly introduces the general theory ofnon-legal entity. Firstly, the thesis analyzes the origin and establishmentof non-legal entity's concept. Secondly, the thesis discusses the traits ofnon-legal entity. And on the basis of the discussion, the thesis defines aclear-cut notion of non-legal entity. Thirdly, the author classifiesnon-legal entity as three types on the scientific standards grounds andexpounds each one of them. a including the concept and its origin, thetypes and the range.The second part expounds the origin of non-legal entity and studiedthe comparative law on non-legal entity of various countries. The thesisanalyzes the origin of non-legal entity from the historical perspectives.Besides, the thesis makes some generations on non-legal entity ofContinental Law Legal Family and Common Law Legal Family and makes a comparison of the'two families' legislation.The third part discussed a independent status of non-legal entity incivil law. Firstly, the thesis introduces the standards by which to judgecivil subjects in the field of traditional civil law, then points out themerits and faults. Secondly, on the basis of other scholars' views, theauthor put forward a new criterion to judge whether a certain subject is acivil one. Thirdly, the thesis analyzes the social foundation, value basisand form elements of non-legal entity.The last part introduces the current legislation of China onnon-legal entity and reviews the rules on non-legal entity in the threedrafts of civil law. In view of the introduction, the author brings up someadvice about setting up and perfecting the law systems and the rules onnon-legal entity of our country.