The Study Of Classification Of Legal Person

Legal person as an important civil main body, in the countries of the civil code often exist in separate chapters, according to certain standards for abstract classification of legal person is the core of corporate legislation work. Legal person’s classification is an important part of the legal problems, is an important part of civil law legal theory, but also the key system in civil code. Classification of legal person is not only a legal person system,but also is the foundation of the building and skeleton, so the design of the classification of legal person is the key to the success of a national code.Legal person’s classification system, as an import, in our country is not complete and mature theoretical support, is required by means of the comparative study method, By comparing Chinese and foreign legal person classification system and the function similar to the analysis of the system, to explore the classification of legal person’s system, and legal person in China is put forward the proposal for the establishment of classification system. The 18 th session of the central committee of the communist party of China, the fourth plenary session passed on comprehensively advancing the rule of law "of the central committee of the communist party of certain major issue decision", put forward the task of compiling civil code, "The law of the People’s Republic of China civil code, the general civil law experts to draft(draft) " was released on April 20, 2015. Under the background of the establishment in the civil code of China, we should study of classification of legal person system in the civil law system, under the framework of the legal person classification system design based on systematism of the civil law system. Therefore, this article adopts the method of comparative study method and the system research to our country present situation and problems of the classification of legal person, legal person, the nature of the history of the legal person system, the classification of the Chinese and foreign legal person mode selection, and the construction of legal system of classification in our country in the future problems are analyzed and the suggestion. This paper discussed from five parts classification of legal problems.The first part is the introduction. Mainly elaborated the selected topic background, research purpose and significance of this article, clarified the importance of legal person’s classification on the civil law, and in theory, the significance of legislation and judicial practice.The second part is our corporate legislation present situation and problems of classification. Respectively introduces "the general principles of the civil law ", "general principles of the civil law", other laws, " the general law of the People’s Republic of China civil code, civil law expert opinion draft(draft)" on the provisions of the legal person classification model in the classification of these two types of legal entity model for the objective evaluation, from the legal level, technology level points out the shortages of its existence, reveals the necessity of building the new classification of legal person mode.The third part is the basis of classification of the legal theory analysis. Firstly expounds in detail the nature of legal person, there are three kinds of theories about the nature of the legal person: imitation theory of the legal person, theory of the real legal person,symbol theory. Among them, the symbol theory that denies the existence of the legal person as an independent subject, it is difficult to adapt to the needs of economic and social development, therefore, is critical. The theory of the real legal person is as the nature of legal person said. Understanding of the nature of legal person determines the legislation of the legal person system choice, the author thinks that imitation theory of the legal person combined with theory of the real legal person is said to know the legal person system is good for we essentially. Secondly analyzes the generation and development of legal person system, the establishment of the historical process, and introduces the Roman era, modern and contemporary legal classification.The fourth part introduces the legal person of outside classification model, mainly has the legal person of the continental law system represented by Germany classification model, and the legal person of Anglo-American law system classification model. Through the comparative analysis, the two major legal systems in the classification of legal person mode has the very big different. In the Anglo-American law system, as a result of specific historical reasons, there is no foundation in continental law system, no corporation and the classification of the financial group legal people, but there is also the unique legal classification method, namely the collective as only artificial person and Collective legal person.In the last part of the article, the author based on China’s current economic situation and international environment, advocate the guarantee legal system in line with international standards on the basis of the emphasis on Chinese characteristics, draw lessons from and absorbing foreign mature legal theory, the theory of foreign legal person localization, so as to establish a logical, inheritance, inclusive and open new legal classification model, puts forward the basic ideas of perfecting our country’s legal classification system and classification of legal person mode of legislative proposals.