Research On The Legal Person's Capacity For Civil Rights In The General Provisions Of The Civil Law

With the construction of legal person system,the civil rights of legal person are focused on,which is the key theory of civil law research.It seems to be a consensus on the relevant issues,but a detailed analysis of the relevant theories is also controversial.On the occasion of the codification of the Civil Code,it is a theoretical basis to re-visit the legal capacity system,dredge the relevant concepts of legal persons and straighten out the logical relationship.Taking the new classification of the legal person system of the General Principles of Civil Law as the logical basis,this paper probes into the normative way of the legal person's civil rights ability,perfects the concrete scope of analyzing the civil rights ability under the new type of legal person,and puts forward some suggestions on the reconstruction and perfection of the legal person's civil rights.As the core content of the theory of civil subject,the study of the civil rights ability of legal person is undoubtedly of great theoretical and practical significance to deepen the understanding of the civil subject system.Taking this as the starting point,this paper analyzes the civil rights capacity system of legal person in four parts.In the first part,which are the elaboration and collation of the topic of the background research significance and domestic and foreign research status,the summary of article research methods,and put forward the innovation point of this article.The second part mainly studies the basic problems of the legal person's civil rights ability,and analyzes the qualification of the legal person's civil rights ability.Through the analysis of the historical evolution of the legal person's civil rights ability to clarify the concept characteristics of the legal person's civil rights ability.Through the study of the essence theory of legal person to reinterpret the essence of legal person.Legal person is in addition to natural persons,based on the law of the control of society,with the risk of social governance to prevent independent role and social value of a social real existence of the organization.Then it puts forward the reasonable value of the system norm of civil rights capacity of legal person.This paper interprets and evaluates the basis and classification of legal person's ability to acquire legal people's rights in the General Principles of Civil Law,with a view to finding the standard method of civil rights ability.The third part,the study of the scope of legal person's right ability.Taking the classification of legal persons as the logical main line in the General Principles of Civil Law,this paper studies the normative way of the civil rights ability of legal persons.First of all,the paper studies the problems existing in the norms of civil rights ability of legal persons.Under the Civil Code,reflect on the theory of legal person's ability to limit civil rights,so that it conforms to the legal logic.The civil rights ability of legal persons and the rights of natural persons are equal,and in the course of conducting,they are only different in their respective scope.And can not be understood as a limitation on the civil Rights ability of legal persons.Through the reference of the system of civil rights ability of extraterritorial legal persons,it is found that the classification of legal persons is carried out with the scope of the purpose pursued by social organizations,that is,legal persons enjoy the capacity of civil rights within the scope of the purposes stipulated by law.Secondly,analysis concretely on the scope of civil rights ability of for-profit legal person,non-profit legal person and special legal person.To clarify the scope of purpose and scope of business,to distinguish between the scope of business and the scope of purpose,the scope of the purpose is the scope of civil rights of legal persons,legal person's ability for civil rights and the form of capacity.Franchise scope is the carrier of civil rights ability of for-profit legal person,and the business property of legal person is the carrier of civil ability of profit legal person.Finally,the paper studies the relationship between the civil rights capacity of legal person and civil behavior and responsibility ability.Finally,the paper puts forward some suggestions on the reconstruction and perfection of the civil rights capacity system of legal persons.In the process of compiling the Civil Code,we should construct the local legal person's ability to carry out,transfer and combine the advantages of civil rights system of legal persons in continental law system and common law system,and put forward a new idea for the standard of civil rights of legal person,and form the system theory of civil rights capacity of legal person with Chinese characteristics.Coordinate relevant legislation,strengthen the interpretation of existing laws,improve the system of legal person empowerment and loss of power.To carry out the relevant legislative coordination guidance practice application,strengthen the interpretation of the existing law,the establishment of legal person empowerment and loss of power system.We should make clear the carrier of civil rights capacity and capacity of for-profit legal person,standardize the civil rights ability of non-profit legal person and special legal person,and perfect the system of extermination of legal person's civil rights ability.