A Study On The Organization Of Unincorporated Persons

With the development of society,non corporate organizations are playing a more and more important role in all aspects of social and economic activities.It is the general trend to recognize the legal status of the civil subject of non corporate organizations.The general provisions of the national law of the people's Republic of China(hereinafter referred to as the general provisions of the civil law)has made a more comprehensive provision on the organization of illegal people with special chapters and clearly endows its independent civil subject status.It conforms to the requirements of the development of the times,and plays a definite role in the orderly development of such organizations.However,the general principles of civil law adhered to the standpoint of "not having legal person qualification" as its main feature in the definition of illegal persons,making it difficult to be independent from the concept of legal person,which could not be clearly identified,and caused the difficulty of defining the scope of the illegal person.By contrasting the essential difference between the legal person and the illegal person organization,it is possible to assume the responsibility independently.According to this,the organization of the illegal person can be defined as "established in accordance with the law,capable of engaging in civil activities in its own name,but not taking the independent burden of civil liability as the necessary organization".On the basis of clarifying its definition and combining the current situation of the development of non legal person organizations in China and the more important role played by the social governance,we can refer to the classification of legal persons and divide the organization of illegal persons into profit illegal organizations,non-profit illegal organizations and other non legal persons with the standard of setting up the purpose and the establishment of procedures.Organizations of nonprofit illegal persons can be further divided into non profit illegal organizations for the purpose of public welfare and non-profit illegal organizations for other purposes(mutual benefit).This type of classification can be more simple and clear to the large number and complex structure of non legal organizations,and it is of practical significance to whether some organizations in reality should be incorporated into the names of illegal people.At the same time,according to its different social functions,social influence and property source,it should be targeted to determine the intensity of responsibility for various types of non legal organizations,and should not be required to assume unlimited liability for the set or contributor,and to establish different responsibilities for different types of non legal organizations,so not only It can make scientific and targeted adjustments to the development of unincorporated organizations in China,and can also form specific operational rules in judicial practice.Combining the definition,classification and responsibility of non legal organization,it can provide strong support to solve the development dilemma of non legal person organization in China at the legal level,so as to promote the improvement of the overall quality of illegal human organization,improve its social evaluation and credibility in the realistic level,and better play its social governance.Unique function.