On Legal Person's Technique And Discourse Characteristics And Their Interaction

As a basic concept of jurisprudence,legal person is full of complexities.This paper attempts to confront these complexities with an interdisciplinary,historical,and comparative approach.First of all,this paper differentiates and analyses the origin of the Chinese loanword??(réngé),and restricts the research scope to the study of its western equivalent Person.Secondly,based on the review of the four mainstream perceptions of legal person in Western jurisprudence and its technical application in Roman law,this paper proposes two key characteristics of legal person and their corresponding rights allocation patterns.Thirdly,with the help of these two characteristics,this paper makes an in-depth analysis of the relationship between individual person and corporate person.Finally,on the basis of these analyses,this paper explores interaction patterns between technique and discourse characteristics in spheres of individual person and corporate person.This paper argues that the primary technique characteristic of legal person originated from the property-centered,fragmented,casuistic and specific pattern of rights allocation and its discourse characteristic originated from the subject-centered,wholesale,systematic and abstract pattern of rights allocation.The conversion from the former pattern to the latter is accompanied by the process of naturalization and substantialization of the concept of person.It is this process that creates the distinction between individual and corporate person which have no substantial difference in their technique origins.The discourse characteristic of person in the individual sphere are more substantialized and absolute,and its technique characteristic is more limited.By contrast,while corporate person originates from the discourse characteristic of individual person,its discourse characteristic is not substantialized,and it still preserved high technical manipulability.Legal researches related to person must have a clear cognition of its characteristics of technique and discourse as well as the two patterns of rights allocation so as to make better use of these two characteristics of person to achieve better rights arrangements.