The Change Of Family’s Legal Status

Family is a social organization which is formed of marital relationship and kinship.Family has different functions among traditional society, modern society and nowadays. Inthe law, it has different legal status. In traditional society, family is the most importantlegal subject. In public law, as the idea that family can be consubstantial with state, familyassumed the obligations of taxes and corvee and so on. In private law, the family is a unitin which people can live together. In traditional society, the family is the most importantlegal subject. In modern society, the family experienced change and transformation in itsfunction and size. In the public law, the parental power suffered a tremendous impact, andthe relationship among the members of the family leaded to be equal. Besides those, thefunction of the family was strictly restricted. In the private law, the property and the familyitself could be divided by law, and in some extent, the right of the family property could beplaced by the right of the private property. In the aspect of the system of legal subject, thestatus of the family in the law was nearly be placed by the individual. Nowadays, thefamily suffered from a big crisis which do harm to the family ethics, and at last thefunction of the family is further waken. And the legislation is of materialism which alsodoes harm to the family. Nowadays, the relationship between the family and the individualis that, in the law, the individual is dominant, but the family is also one of legal subjects.The progress of the family may do good for the individual. In the positive law, although thefamily is not the appropriate legal subject, it is still playing the role of a legal subject. As alegal subject, the family is actually appropriate for it has the right capacity, the capacity forlegal transaction and the capacity for responsibility. All in all, the family is the veryappropriate legal subject.