| Since the implementation of"Provisional Regulations for the Registration Administration of People-run Non-enterprise Units"by the State Council in 1998, a new form of social organization, people-run non-enterprise units (PNUs), has begun to take an important role in the historic arena of China. In the 6th chapter of"Central CPC's Resolutions on Several Important Issues of Building Harmonious Society", it is pointed out that"we should encourage social groups to establish PNUs in the fields such as education, science and technology, health and hygiene, sports, and social welfares". This illustrates the rapid development of PNUs in China and its growing social function, which is drawing more attention from the Chinese government at all levels and from researchers and scholars. However, not many literary works exclusively for PNUs could be found currently except for those that categorize PNUs as NGOs or non-profit organizations with political science or sociology as their theoretical foundation. The author tends to use a new perspective in analyzing PNUs as a unique civil subject by employing the theories of civil law in this paper. The paper aims to give a comprehensive analysis of the PNUs'legal status and advocates that there should be a special chapter for PNUs in the Civil Code of PRC in the near future.The first part of the paper introduces the origin and development of the PNUs and makes an in-depth analysis on the current regulations. It also tells about the legal characteristics concerning PNUs with the supporting of"Provisional Regulations for the Registration Administration of People-run Non-enterprise Units"and"Interim Measures for the Registration Administration of People-run Non-enterprise Units". The author concludes that although Chinese PNUs share a lot in common with the legal persons of financial group in Continental Law System and Non-profit Organizations in Aglo-American Law System, they still define themselves by 5 unique characteristics, namely non-governmental, non-profit, social benefiting, independent under the unit system and tax-favorable.The second part of the paper describes the intense relationship between PNUs and the current General Principles of the Civil Law of PRC. Due to the conflict by nature between the PNUs whether in private or in partnership and the non-profitability of PNUs, it is extremely hard to get a suitable position in the spectrum of civil entities. Likewise, although the incorporated PNUs (legal persons of PNUs) have some similarities with the legal person of government units, legal person of enterprises, legal person of social organizations and legal person of public institutional units, the difference between them is even more distinct. As a result, the legal person of PNUs also falls in the predicament of finding a suitable place as a civil subject.The third part of the paper discusses tentatively the solution for the positioning problem based on the predicament elaborated above. This part discusses whether it is feasible to combine legal person of PNUs and that of public institutions as a whole.The author suggests adjustments be made in the future Civil Code of PRC and the General Principles of Civil Law so as to define 5 legal person entities including legal person of government units, legal person of public institutions, legal person of foundations, legal person of social groups and legal person of enterprises. In particular, legal person of public institutions includes both legal person of public institution units and legal person of PNUs.The fourth part centers on legal essences such as the establishment and administration of legal person of public institutions, its civil rights, asset and income sources, and its management structure, so as to further elaborate on the essence and extension of legal person of public institutions. Hopefully, this part could provide a theoretical basis for the legal person of public institution system. |
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