Legal Thinking Of Family As The Civil Subject

The topic of this paper “Legal thinking of family as the civil subject”,that is toexplore the qualification of civil subject. This paper takes the method of longitudinalhistorical survey and the contrast of lateral foreign law, trying to sort out the status offamily as the civil subject which exists in reality but ignored by people.In essence, it is toprove the reality of the existence of family as a civil subject and give the legal status of it.The paper is divided into three parts:The first part is “The history of the family and its legal status as evolution”. Thissection focuses on two issues: First, from the ontological point of the view of family, thispaper is to give it the necessary interpretation and the definition:Family is a kind ofkinship groups, economic groups, social groups with independent legal status,and with acertain blood relatives, in-laws or a similar relationship between members, which set theidentity (life), economy (production), sociality (social) as a whole one. Second, from adynamic historical perspective of the legal status of family, this paper abstracts three kindsof that: family in the ancient law is a civil subject, in neoteric law is a kind of life groups,in modern law is a kind of economic groups.The second part is “Jurisprudential thinking of family as the civil subject”. Itdiscusses the judgment criterion of family as the civil subject. It should base on the needsof society as well as the rules of competition, taking into account the open trends of thecivil subject, and it should also make the three organic combination of criteria as a generalcivil subject, which is “Civil main functional theory”,“Civil subject interest theory”,“Legal confirmation theory”. Family also conforms to this standard, that is to say familyhas the specific function, the special interests and should also be confirmed by the law.The third part is “The inspection of substantive law of family as a civil subject”. Thispart is mainly from the perspective of Domestic property law and International propertylaw, Contract law, Tort law, to prove family as the civil subject. In the Property Law,family and its interests is the core of it as the civil subject; in the Contract law, the familyability to contract is one of the supporting elements of family as the civil subject; in the Tort law, the tort liability of family as the civil subject is also one of the supportingelements.