The Status Of The Civil Subject In The Place Of Religious Activities

The civil subject is one of the most basic concepts in civil relations,it is a participant of civil relations,and has multiple identity functions.Specifically speaking,the civil subject is not only the enjoyment of civil rights,or the performance of civil obligations,but also the commitment of civil liability.Therefore,academic circles are defined as the parties who are entitled to participate in civil relations in their own name,enjoy civil rights according to law,perform civil obligations and bear civil liability according to the national law.The general provisions of the civil law of the people's Republic of China,implemented on October 1,2017,have three types of civil subject in the form of legal provisions,namely natural persons,legal persons and unincorporated organizations.In other words,a person or an organization to become a civil subject in our country,must be able to delimit the natural person,legal person or illegal person organization of one of the three categories.In fact,the identification of the civil status is not as simple as the classification of the civil subject.Because of the particularity of all kinds of subjects,even the natural person subject qualification based on the objective fact of birth and death,there are complex situations such as protection of fetus interest,presumption of death,and other evidence sufficient to overthrow the life time of birth,let alone the identification of legal person and illegal person organization,and how many complicated and incurable diseases need us to analyze dialectically.The place of religious activities is one of the examples of the identification of the subject of the legal fiction.They are often cloaked in mysterious religious garb,and despite the practice of religious society's rules of conduct,all religious attributes do not prevent their wide and profound participation in all aspects of worldly life.They are not civil subjects,whether they have the right to participate in the civil relations in their own name;What kind of civil subject they belong to is related to their civil rights capacity,civil capacity and the delineation of the scope of civil liability.Therefore,to clarify the civil status of religious activities in accordance with the law is not only the premise of the adjustment of relevant civil relations by the state,but also the basis of effective maintenance of social and economic order.This paper starts from the civil subject status determination of religious activities,by defining its civil subject status according to law,and then clarifies its capacity of civil rights,civil conduct capacity and capacity of civil liability,and then analyzes the conflict between religious and secular society from the perspective of this,and puts forward suggestions for further improvement of laws and regulations.