A Study On Civil Subject Status Of Family

The introduction describes the main current research and the concept of family.Domestic scholars civil subject status families are mainly include saying for sure and gainsay;the foreign doctrine usually deny civil subject status of the family.Family harmony is important for social stability and development;it is one of a harmonious society.The concept for the field of different disciplines have different understandings of home,But all agree that today's society is the main core of the family.The concept is similar to the family and household,and broadly in line with the core family members of the household.The second part describes the historical changes in the dominant position of the family.Whether the West or China,Related to the loss of family experience from civil subject qualification process,this is closely related with the fact individuals whether “rights ability “qualifications.Our law does not give the family "Legal capacity" status,China's "Civil Law" single standardized form of the family,Allow families to participate in individual partnership.Provisions for these families is very simple,It shows that the family is no civil subject status.The third part describes the theoretical qualifications from real life family arguments whether "the rights of capacity",its feasibility.The family is the necessity of having as a civil body,This necessity is mainly reflected in: Having an ancient family as the basic characteristics of civil subjects;Still have an active social space;Protecting the interests of the family,family members,and the interests of a third party;Family property is objectively carrier;National Family Policy also recognized the rights of capacity.Family Partnership organized similar;Family in real life as a stable entity,Able to express their meaning,And to assume their responsibilities.The fourth part mainly elaborated possible legal conflicts and coordination measures when Family has rights ability.Family becomes the main civil,law there must be conflict in marriage and social life.The conflicts include conflicts of personality,rights responsibilities.We should address these personality rights,responsibilities salt and other conflicts,The main coordinating body of the content of these acts,property,liability and so on.