Research On The Subject Of Civil Law From The Perspective Of The Unincorporated Association

Under the global association revolution onrush, unincorporated association as animportant type of social organizations in our country is developing rapidly. As the number ofunincorporated associations increased and the expansion of the scale, the scope is fromrecreation, social services, public welfare activities such as field gradually extends manyaspects of social life extended to. In promoting social management innovation, guide the socialautonomy, strengthen social welfare has played an important role. However, our existing legalprovisions but not to the practical situation and the unincorporated society civil position fit, atpresent our country law also does not recognize the unincorporated association, even stillregard it as an illegal organization treat, make a large number of unincorporated association isunable to participate in civil activities, long term survival in the legal and illegal crevice, socialfunction is difficult to effectively, therefore, the status of civil subject problem solving theunincorporated association has become the core issues of the current unincorporatedassociations face.Based on it, this article from the civil law perspective, based on the analysis and referenceof foreign legislation and practical experience nature unincorporated associations on thefeasibility of the application of civil law theory, to explore the unincorporated association toobtain the qualifications of civil subject, and then put forward the concrete scheme ofconstructing China unincorporated associations of the civil subject system.The first part is the introduction, mainly introduces the background,significanceand research status at home and abroad.The second part is the summarization of unincorporated association and its status in civillaw. A basic problem in the first part of the concept, characteristics, classification ofunincorporated associations sorted out; Then it mainly introduces the rise and development ofunincorporated associations at home and abroad, analyzes the necessity and significance of the existence of the construction of socialist modernization in the stage of unincorporatedassociations; finally summarizes relevant legislation of corporate law in China and the status ofnon current legislation in our country under the plight of the unincorporated association.The third part,which is the comparative law society civil position of the unincorporatedassociation and reference. This part introduces the foreign legislation in the unincorporatedassociation status of civil law and its reference significance to China as the main content,divided into two parts of the civil law countries and regions, common law countries and regionsto be carried out, and based on the related legislation of countries are compared, and then sumsup the significance of the foreign legislation for me country.The fourth part reconstruction for corporate civil position of the unincorporatedassociation;. The first part discusses the legitimacy of the unincorporated associations andprivate problems, and put forward the unincorporated associations have legitimacy and privatelaw theory, on the basis of this, this article from the basic theory of civil subject qualification ofthe unincorporated association, with the qualification of the civil subject theory and practicefoundation, and points out that the unincorporated associations as special restrictions should bethe civil subject.Concrete construction for unincorporated associations of the civil subject system, the fifthpart, this part focuses on the specific ideas about the structure of civil subject status of theunincorporated associations, combined with the practical features in the unincorporatedassociation, first proposed corporate non China established substantial and proceduralrequirements, then we discuss the problem of illegal groups of internal governance mechanism,governance norms and restrictions, and finally analyses the unincorporated community ofproperty and civil liability system.