Study On The Subject Status Of Unincorporated Organization

The traditional civil subject system in China is composed of the natural person and legal person,With the development of economy and the change of the social concept, the unincorporated organization appear and actively participate in the civil legal relationship,however,there is no explicit regulation on the status of the unincorporated organization as civil subject,debate and research on the issue have been lasting for a long time.The formulation of civil law provide a chance for the unincorporated organization. Against this background,this paper tries to discuss some basic problems of unincorporated organization.This paper is made up of five parts.Chapter one illustrates the concept and classification of unincorporated organization.First of all,figure out the different terms and concepts of unincorporated organization in different countries (regions) such as Germany,Japan,Italy and the Chinese Taiwan region.According to current legislation and academic point of view,clear the difference between natural person and legal person.Putting forward a more scientific and comprehensive definition on the basis of the characteristics of the unincorporated organizations. And analyzing their types to cover different unincorporated organization in social life comprehensively.Then enumerate the current legislation,pointing out that our current legal system is not sound enough to carry out its function,which leads the unincorporated organization to a litigation dilemma.In the second part,the writer analyses the theoretical basis of of the unincorporated organization 's subject qualification,according to the evolution of the civil subject system,we can find out it is an open system. This chapter lists scholars' different theories about the judging criteria of the civil subject.Providing support for the subject qualification of unincorporated organizations based on the evolution of the standard.The third part analyze the social foundation of subject qualification.Whether the unincorporated organization can be a civil subject depends on economic conditions.Unincorporated organizations has penetrated into all aspects of social and economic life,Give him the subject qualification meet the needs of socialist market economy.And many countries has made a corresponding adjustment facing the problems after world war ii,which provides us the reference to the research.In the forth part,the paper analysis the composition of the unincorporated organization from these aspects such as independent property, name, organization, place and legal procedures,and discusses the constitutive requirements of the organization.Independent of the property is the foundation in civil activities; the name, organization and place can meet the need in civil activities; setting up with the procedures, meets the requirements in the form of legal recognition.The final chapter indicates the basic design of the system based on the previous four chapters construction of the unincorporated organization as civil subject.State the concept, types, procedures, the right ability and behavior ability of the unincorporated organization.On the set up process,distinguish them between different types.Reference of current administrative rules and regulations, provide specific legislative ideas and direction for register system.also,recognizing the limitations of capacity for civil rights and capacity for civil conduct.Refer to legal cases and theories in Germany,Japan and the Chinese Taiwan region,put forward an idea that distinguish its liability rules depending on the t different types.