The Defects In The Design Of Special Legal Persons System And Its Perfecting Path In The General Rules Of The Civil Law

As the two cornerstones of the civil subject system juxtaposed with the natural person system,the legal person system is of great value to the codification of China's Civil Code and the formation of the normative relationship of civil society.The new provisions of the General Rules of the Civil Law on the subversion of the traditional classification model of legal persons by special legal persons will certainly have a profound impact on the system of Civil Code.However,as a new legal concept,the problems of vague concept,weak correlation between types and non-system provisions have been criticized in academia since the emergence of special legal persons,but from the point of view of more practical significance and the urgency of Civil Code legislation,the author thinks that the current debate in academia is of limited value.Therefore,the author first explores the conceptual basis of special legal persons,and from the two angles of system and provisions,carries out problem analysis and reason exploration,and puts forward some suggestions for reasonable improvement of the provisions of special legal persons,with a view to providing useful guidance for future legislative work.In addition to the introductory part,the body consists of three parts:The first part focuses on the normative analysis of the defects in the design of special legal persons system.From the legislative intent to the provisions,the General Rules of the Civil Law do not explain the concept of special legal persons,and the academic circles also take the concept of fuzziness as the main reason to deny the special legal persons system.First of all,the author combs the current law,foreign legislation and theoretical theory,and puts forward that the conceptual basis of special legal persons can not be limited by the existing understanding,and should be sought in the process of perfecting the system regulation.After that,this paper analyzes the problems of special legal persons in the whole system of legal person,introduces the structural classification model of the legal person and the functional classification model of the legal person.From the purpose of legal person system,the value of legal person and the stability of the whole law order,the author thinks it is considered preferable to perfect the special legal persons under the current basic classification of profit legal persons and non-profit legal persons.Finally,the paper makes a difference analysis on the problems existing in the provisions,and points out the problems of the absence of the provisions,the governmental legal persons,the closed regulation and problems existing in theformulation of the provisions.The second part pays attention to analysis on the causes of defects in the design of special legal persons system.In view of the problems identified in the first part,the author sums up the reasons for three points: the lag of relevant legislation,the lack of attention to the private law attribute of civil law and the lack of awareness among legislators of the development of social organizations.In the process of argumentation,the author further determines that the special legal persons system is worth perfecting,and the choice of academic focus on the basic classification mode is not the most meaningful.The third part is about suggestions on legislative perfection of the special legal persons system.Combining with the contents of the first two parts,the author puts forward that perfecting the special legal persons should conform to the three standards: private law attribute,the principle of autonomy of meaning and freedom of association.From the point of view of legislative theory,this paper puts forward four suggestions: first,the governmental legal persons will be a separate chapter;second,the deletion of the legal persons of basic-level people's self-governing organizations;third,the legal persons of rural collective economic organizations take the adoption of two approaches of legal personalized and illegal personalized;And fourth,Selective incorporation of other organizations as special legal persons.Finally,the author tries to give the definition clause of special legal persons.