Study On The Qualified Subject Status Of An Unincorporated Bodies As Litigation Subject

In civil proceedings, if a subject is to resolve a dispute by means of litigation, it musthave qualified subject status of civil litigation, which makes him be able to start a civillitigation. The issue of the qualification of proprietors’ committee, partnership, railway section(station) and suchlike unincorporated bodies as litigation subject perplexes the judicialpractices. Researches on the qualification issue of unincorporated bodies as subject ofproceedings in civil law system, like Germany, Japan, and China’s Taiwan region are muchdeeper than China Mainland. Their legislation also responds to this issue at a different extent.Reviewing our country, this problem is in a state of confusion. This paper, using methods ofanalysis, comparison and theory with practical ways to demonstrate issues of the litigationsubject qualification of unincorporated bodies, for the purpose to clarify the theoreticalsupport and practical needs for unincorporated bodies being qualified as proceeding subject,to provide support for its litigation status of the new proceeding subject, and to put forwardsuggestions to improve our system of proceeding subject status qualification ofunincorporated bodies.This paper is made up of four parts. It follows the thread of raising the question,analyzing the question and solving the question to discuss the qualified subject status issue ofunincorporated bodies.Part one: Raising the question. In civil litigations, the premise of suing and being sued isthat the subject is qualified as civil proceeding subject. There are a lot of controversies aboutthe name of unincorporated body and its denotation. First we need to clarify this issue, andthen we are able to study its litigation subject status. Reviewing the theory and practicaldevelopment history of oversea law system that the proceeding subject status ofunincorporated bodies developed from negative to positive and from one-sided to all sided, itis to look for foundation for unincorporated body enjoying the subject status of litigation.Part two: Exploring the main factors for qualified litigation status of unincorporatedbodies. Through reviewing the main factors for qualified litigation status of unincorporatedbodies in other countries and regions and combining the present situation of China’smainland, this part will summarize the main factors for qualified litigation status ofunincorporated bodies, hoping to provide theoretical support for improving this system. Part three: comparative study of litigation subject status typification of unincorporatedbodies at Taiwan district and the Mainland. By means of specific comparative study, thispart will find the problems in the system of our country, and absorb the advanced academicfindings and practical judicial experience to improve insufficiencies of our system ofproceeding subject status qualification of unincorporated bodies.Part four: the improvement of our system of proceeding subject status qualification ofunincorporated bodies. Part four will sort out the legislative, judicial and theoretical status ofthis problem and combine the forward conclusion of theoretical analysis and comparativestudy to put forward some suggestions and proposals for improving the system of proceedingsubject status qualification of unincorporated bodies both in terms of theoretical andlegislative.