| By summarizing the evolution of the concept of "subjection" and the causes of civil subjection,the author thinks that "civil subjection" has two layers of meaning.First,it refers to a "subjection status,",in which the parties involved in a civil case are in an unequal status.Here,the "subjection" does not refer to a civil life phenomenon,but the unequal legal condition of parties involved in a relative legal relation,and such an unequal legal status is directly set or admitted by laws or regulations.Besides,the"subjection" is not targeted at the legal status or the legal personality in the abstract meaning,but refers to the difference of status caused by rank difference of right distributions,which "gives one party the right to unilaterally shape the legal relation"in different specific circumstances.Second,in terms of constitution of the legal relation,"subjection" and its opposite side,"power",are regarded as an important part of some civil legal relation except rights and duties.The theory of civil equality and the theory of civil subjection are different dimensions of the civil law system.The former falls within principle,while the latter falls within rule.However,the two interact with each other,and converge at"substantive equality".Guided by the purpose of "substantive equality",the highly abstract formal equality and the reasonable civil subjection are compatible with each other.The theory of civil subjection is often ignored by the civil law theoretic system.If the prejudice from the theory of the traditional civil equality,the theory of civil subjection can be further developed to enrich China’s civil law theories and to provide guidance for the civil law legislation and judicial practices. |
