On The Reconstruction Of Civil Subject System

Personality system in Roman law is the prototype of the modern civil subject system,and its greatest characteristic is that it successfully separates the human beings and legalsubject in social life. Roman law endows a certain human beings personality according todifferent identities, allowing them to enjoy rights and undertake obligations, which leadsto inequality. Personality system plays a role of social organization and resource allocation,reflecting political and economic situation in a specific historical period. Because of this,it is also continually changing as society changes. The use of personality technologymakes social organization also have the status of legal subject.Affected by Natural law, the stylistic rules and layout as well as the structure of TheFrench Civil Code reflect the classical natural law theory. Man’s subject status is based on"natural rights" and "rational theories” and everyone can have legal subject status becauserights are birthright and equal. At the same time, to prevent the restoration of feudalgroups, the French Civil Code excludes groups from the civil subject system and producesa unified structure of subjects, which achieves the equality of subject status betweenhuman beings. Because of its closed structure, it is difficult to meet the needs of socialdevelopment.The enactment of the German Civil Code is affected by views of the historical School.At the center of "legal relationships", it establishes Pan Deke swallow-style legal system.Civil subject is the undertaker of civil legal relations. Germany created the concept ofcapacity for civil rights. The man who has capacity for civil rights can be the subject inlaw. The civil subject system of the German Civil Code includes: natural person systemand juridical person system, the former corresponds to people in social life, the lattercorresponds to social organizations. The main structure with a large opening, makes thecivil law can meet the needs of social development. While maintaining individual enjoythe civil subject qualifications equally, it also provides sufficient space for a variety ofsocial organizations entering into the law.The Chinese Civil Law basically inherits the system and main structure of the German Civil Law, and is influenced by the civil law of former Soviet Union. Whenusing citizens (natural persons) to refer to natural persons in traditional civil law theory,we actually decide man’s civil subject status based on one’s political identity, whichendangers a basic system created by the French Civil Code, what is all men’s civil subjectstatus are equal. The General Principle of Civil Law restricts the types of juridical personin the form of constitutive elements, and juridical person only refers to organizations withindependent property and bearing independent responsibility, which makes the legalsystem a closed one. This design makes the partnerships, other organizations and families,which are important subjects in social life, loss the opportunity to be a really civil subject,and also destroys the open structure created by the German Civil Law. The reform ofcivil subject system should break the closed juridical person system, and make the systemadapt to the changes of social life. At the same time, we should take a new look at someimportant social life entities, such as partnerships and families, and incorporate them tocivil subject system in the form of juridical person. In brief, we should maintain theopenness of the civil subject system.