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The Legal Subjects

Posted on:2012-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:W H KongFull Text:PDF
GTID:2216330338461962Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The reason why I chose the concept of legal subjects as the research object of this dissertation is due to its importance and complexity. The importance of it displays not only in the significance of the jurisprudential study, but also in the essential influence to the legislation of departmental laws.During this dissertation, I will mainly analyze the legal subjects in its importance/its concept/its criterion and the evolution course of it and so on, from both theoretical analysis and historical analysis, in order to describe the institutional innovation of historical clues, and summarize whether the livestock and plants can be endowed the status of legal subjects along this direction.During the development of Jurisprudence, the importance and foundation of the legal subjects were identified gradually. It was always used as the abstract of person, and obtains the allgemeinheit and universality from the legal.And it produced during the fictions of the law, which is a course to sum up the species being of human. The abstract of theories and the reality of legislation are complementary each other, and in the end, the theories and realities are all used to make the legal subjects to be the final adscription of the legal value.The evolution of the legal subjects reveals the essence and standards of the fiction of law, and it can also be said-as the legal entity continually adapted to the change of economic and social development process. This dissertation mainly focuses on the extension of personality such as free will, reason and feeling. The criteria of the legal subjects should not be single but multiple, and every type of entity can become a subject of law as long as it has one of the standards.From the history of the legal subjects' development, it can be mainly divided into two stages:1, people in the biological significance become the legal subjects from the part to the whole; 2, the legal subjects'evolution from the natural person to the legal person and finally to the illegal person organization. That is, the legal subjects enlarged not only from the partial natural person to the whole, but also experienced from the natural person to the Thus it was hoped that the qualification would give organizers which have no lives. animals the legal status, but absolutely, there are still numerous obstacles, in both the theory and the practice.The expansion of the legal subjects'scope is an adaptation and coordination to the development of the economic and society, and is certainly the gather of the legislators' wisdom. The criterions of legal subjects are also changed with the social and economic development. Which kind of entity may have the qualification of legal subjects shall be returned to the prevailing social context and linked to the subjects' system cautiously and carefully.All in all, so far all the legal issues have embraced the subject that all of them are the constitutionality. Thus, the subject issue is essential and affects the whole system of Jurisprudence. So the research of legal subjects is the most challenged and also has lasting values.
Keywords/Search Tags:Legal subjects, Legal entity, Protection of animals
PDF Full Text Request
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