| The status has the civil law significance localization and the corresponding benefit share personally in the resident social relations. The status adjusts in the residential society the constitutive social relations, in the civil law status system is the establishment in a status relations foundation set the institutional framework which by the law, the laws and regulations, the rules and regulations approves. On the civil law status has manifested the synthesis shape private interest, it is the social meaning civil law effect. The status provides including the right, the voluntary, the authority, the responsibility system frame makes the overall system adjustment, decides "the share" according to "the body", display adjustment function. The status adjustment's function includes:Community structure function. Benefit disposition function, discrimination function. Association autonomous function.The status system's constitutive essential factor includes:Benefit community and benefit share, value system, difference standard and choice mechanism, behavior rule and external mark. Social relations complex degree, politics, culture and religious tendency, status consciousness and status approval, these relations from external agency status system; Status human nature foundation, status benefit coexistence and conflict, between status control, these relations from internal mold status system. In status system civil law structure, main body system again in division benefit boundary and member boundary, between confirmation status body and its member as well as various members' relations; Content for each status system frame arrangement in right, authority, duty and responsibility; The object may abstract the benefit which approves for the law, actually one benefit share; The status legal fact union status system display function, has the status system hypothesis legal significance.Ancient times the status was resident social life and in politics social life the most basic system, the people lived under the strict rank status order society. Part of people have the complete legal personality, part of people have the incomplete legal personality, part of people do not have the legal personality, ancient times personality performance for status personality The modern equal personality forms in the function of the household fission, separates out personally from the family, becomes the civil law adjustment the Fundamental unit; But, separates out from the family single person, also enters mass organizations and so on enterprise through the status contract, obtains the new status; In the modern society the contract and the status also grow vigorously, the civil law has only paid attention to the contract. The status complies with the new social need to evolve has the new function form, in the modern civil law status system and the personality equality compatible, with the free contract supplemented that displays the adjustment function.The status cannot equate in the privilege and non-just, the status refers to justly based on the recognition standard division status obtains the reasonable benefit disposition, can achieve each status to take their proper place, the society obtains the harmonious order and the development power perfect condition. The strong trend status group through the benefit control, forms the social influence easily, obtains with the aid of the institutional arrangements exceeds the quota the benefit, and causes this benefit pattern to obtain the social culture psychology approval; Then has the status shield and the privilege, the status discrimination, the social exclusion and the status devastates and so on phenomena, violated the status to be just. The status has like this some basic demands justly:Government by law idea's having, the status benefit is balanced, the assignment and the development function union, the status order is mobile, status benefit defined, basic status benefit protection; It realizes relies on a series of effective legal mechanism, including:The status discrimination mechanism, the status benefit provides the mechanism, the status benefit expression mechanism, the status relief mechanism.The status difference and the personality equality are the Social organization technology and the legal technology, has the corresponding function superiority respectively, serves in the specific social need. The status difference and the personality equality coexistence in the civil law system, between both has the conflict, also has the compromise, to be compatible and to supplement mutually, from the philosophy is the relations which one kind is opposite yet complementary. In the person law dual structure's personality and in the status modern times legal regime's prominent change is natural person everybody has the independent personality, natural person's personality equality; Since the modern legal idea, the human has been "lives, but equal". Safeguards the free will in the independent equal personality's foundation, by carries on the marketing campaign through the contract link or passes in and out each status body. The status take the difference as a premise, through the differential treatment, forms the bad foreword pattern, adjusts the interpersonal relationship, molds the human behavior, the maintenance society's existence and the development. The civil law status is makes the category adjustment to the human the system, speaking of each individual, the status is the most important comprehensive shape survival benefit, obtains certain status namely to mean that has certain benefit share. Some statuses are obtain based on the birth, has these statuses to signify since birth is being inserted since birth during these status relation, receives these status system rule restraint, enjoys the status rights and interests, the fulfillment status duty and the responsibility. Some statuses will be the day after tomorrow obtain, in congenital will hold in the foundation which will bestow on, will unify the survival circumstances diligently through the people day after tomorrow, will enter the different status system, to obtain the different status post, to enjoy the different status rights and interests and to fulfill the different status duty and the responsibility. The status arrangement's most important function maintains the order, forms the Social organization structure through the status, the enhancement may anticipate, reduces the consultative cost and the social conflict. At the same time, in the status arrangement, the efficiency function is similarly obvious, once presents the social stagnation low efficiency, needs the social reform adjustment status architecture and the status flowing mechanism, has the social vigor and the creativity. The personality and the status have coexisted, the mutual influence is changing; The personality is one qualifications, is treated as in the law the qualifications which the human treats; The status is also one qualifications, the qualifications which is treated as the human who some kind of category treats in the law. All people being equal is everybody has the independent equal personality in the civil law direct reflection, since therefore, the personality equality in the modern times has been considered has the progressive significance; The transition stressed that the status no doubt will harm the form equality, will create to the human seeks for the difference, the fixed difference, opposition equality consciousness. But, the status difference cannot vanish through the personality equality, in the personality equality's foundation, between the different person must evolve the different status. The personality equality established the limit as the status difference, the personality equality has caused the specific status relations function simplification, the personality equality to change the inherent status relations content, the personality equality and the protection has caused the new status form. The status difference carries on the consummation regarding the personality equality's actual function, could actual explain the personality equality in the status difference foundation, the status difference has defined the personality equality content, the status difference foundation and personality equality realization.The property relations system's complex multiplicity, requests the civil law to provide many kinds of corresponding adjustment mechanisms objectively. In existing civil law theory, the people pay attention to the property relations domain the real right mechanism and the contract mechanism, the status adjustment mechanism are neglected. Speaking of the status mechanism itself, takes one kind of Social organization technology, the property is the status inherent universal attribute, but the non-exception, the status is connecting the property relations naturally, "share of the property" is civil law status it "the share" primary coverage. The status takes a Social organization technology, in the property relations domain is the property adjustment mechanism, with real right system, contract system coexisting, supplementary, adjusts in the civil law together the property relations. The civil law property relations' status adjustment is refers to the civil law property relations, the status takes one kind of basic adjustment mechanism display function, makes the arrangement through the status post and the status system regarding the property, the different status control different share's property, the different status enjoys the different property share, through status order standard property utilization and assignment order. In the abstract property relations domain, the status plays the role throughout; In the property ownership relations, in the real right property rights mechanism is leads the mechanism, the status mechanism is the auxiliary mechanism; In the property use relations, his real right is the foundation mechanism, has prepared the premise law condition for the property use, the status mechanism actual coordinated property socialized operation, is in the modern society the property utilization realizes the mechanism; Favors in the transaction, the contract mechanism is the basic legal mechanism, but in the trading transaction, the status mechanism also plays the vital role. In the basic status body, the status is the basic adjustment mechanism, rests on the different status body function request, designs the different status system, through the status authority, the responsibility fulfillment, forms the status body internal property order, satisfies the status member's benefit request. In the market appraisal, the status is one kind of non visible property, the different status has the different market effect, the different status means the different property share obtains possibility. The property relations status adjustment's principle of equality is: Function guidance principle, person and thing synthesis control technical principle, under authority safeguard overall efficiency principle, ethics first principle.The family status take the marriage ties, the blood relationship as a link, is status which forms naturally, rests on person's relative relation and the cooperation relations design right system. The family status has the life community function, the natural and the multiplication function, the production function, the government function. The family member scope includes:Spouse, children, grandson children, granddaughter children, paternal grandparents, grandparents, brothers sisters as well as other relatives. Family asset's main application meets the life needs, including satisfies individual life to need with to satisfy lives together the need, the countryside family status body has the Production organization function.As a result of the complex social division of labor, humanity's work carries on the professional mass organization; The people obtain a position in the professional mass organization, equally has a territory in the animal, has the qualifications to have actually with the share survival resources. The professional mass organization status is in people social life the most basic interest, in our country society, the institution, the enterprise, the Institution and so on can provide the social product and the service and can pay the reward for the practitioner the organization, is the professional status association. The professional mass organization status's basic function lies in:Realizes the person and the property sense of purpose unifies and forms the social product and service productivity, in the confirmation professional mass organization status body's membership, in the confirmation professional mass organization internal relations main body qualifications and the status position. The professional mass organization status take the professional mass organization status body, the professional mass organization benefit, the professional mass organization member status as a foundation, forms the professional mass organization status the system and the structure.In city life, people's daily life relations mainly launch in the residential district interior, the community status belongs to the people daily life basic status, disposes and adjusts in the people daily life the base resources and the basic benefit. In community's member status is the resident personally, because the human has in community's house in community's condition, therefore, may be called the owner from the property angle. The community take the resident member as the book, the urban community governs the activity is to display the community function, serves the resident, the resource sharing, to coexist builds, the resident autonomous, the responsibility power unification, the management order, improves the community member's quality of life. The resident community status's basic function lies in:Confirmed that in the resident community status body's membership, confirmed the community governs in relational the main body qualifications, confirmed that enjoys the community collective services the obligee capital. The life community status community status body, the community benefit, the community member status is a foundation. The community status's system and the structure include:Community status body--resident--individual member, community status body--owner congress--owner committee, owner committee--estate management company--individual member.The civil status has the civil law significance basic condition is state power benefit sharer range extension to citizen all, the civil rights is writes down legal one kind of guarantee, the modern rights of citizens usually includes the civil rights, the political rights, the social rights. The civil status is one kind of boundary, the citizen rights and interests selects, in is called the citizen between the person, but other people are removed in outside. Thus, the civil status becomes one benefit discrimination and the disposition mechanism, disposes each political, legal, society's right based on the civil status. Civil status's benefit assignment, is mainly restricted in the sovereign state the scope.The innovating opinions in this article lie in:(1) the personality is enjoys the qualifications which in the law treats as the human, the status is in the law enjoys takes the qualifications which any person treats, the personality and the status limits individual together the legal status, belongs to person's method basic content. (2) the status possibly harms the justice, also possibly promotes the justice; Generally speaking, in legal regime's form just needs to surmount the status, in legal regime's essence just needs to adopt the status; The status departs from the justice naturally by no means that many status mechanisms exactly achieve the substantive just effective tool. (3) the modern civil law adjusts in the residential society the actual existence's basic status phenomenon includes:Family status, mass organization status, community status, residential society status. (4) the status adjustment's unique function includes:Community structure function, benefit disposition function, discrimination function, association autonomous function. (5) the status adjustment mechanism is:The status provides including the right, the voluntary, the authority, the responsibility system frame makes the overall system adjustment, decides "the share" according to "the body", display adjustment function. (6), in the civil law adjusts in the non-transaction's property relations domain, the status is the basic adjustment mechanism. In the civil law property relations has three kind of basic adjustment mechanisms, namely real right mechanism, contract mechanism, status mechanism.
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