A Study On The Status Of Civil Subject In Family

The family as a special social organization, play an important role in the history of mankind.And in the history of our country, from the beginning of the feudal era until the end of the qing dynasty, qing dynasty family occupying the main body status in the law for a long time. On current legislation, however, did not give family civil main body status in our country, the educational world also only a few scholars for families to become legal subjects are optimistic and positive attitude, and from some Angle. But most of these scholars study the family still endowed with the necessity and feasibility of civil main body status, for some specific problems associated with it lacks certain research. So in this article, the author used the research methods such as comparative analysis, value analysis, takes the evolution of history, combined with social environment and political background at that time, combing with the analysis of the status of the family, and on this basis supported by civil main body theory, combined with the reality of the civil main body status for future legislation orientation analysis. In addition to the introduction, the thesis text is divided into seven parts.The introduction part introduces the civil main body status of family value this selected topic research background, the selected topic and the current domestic related research situation of some civil main body status of the family.The first part:the basic meaning and characteristics of the family. This section examines the families in the basic meaning of history and modern, and analyzes the basic characteristics of the family. Families in our country traditional culture has many different meanings, special family refers to a common for a living relatives living community. Families are two or more groups of relatives, are permanently live together for the purpose of the group, to live together, a total of wealth for its characteristics.The second part:the origin of the family. This part briefly expounds the family-the basis of marriage, and marriage and family relations, and on this basis, this paper discusses the family had experienced four stages of development. Are blood family, at the road and the family, the dual system of family and a polygamous family.The third part:the historical evolution of the family subject position. The establishment of the position of this part from the family subject to decline and loss of this paper, the process of analyzing the causes of the principal position of family decline and loss. Prove that the principal position of family has lost is largely due to the development of commodity economy, frequent bourgeois revolution, and personality independence.The fourth part:the our country present civil legislation of the rules of the family. This part mainly elaborated in our country’s current "marriage law","general principles of the civil law","the general opinions," regulations on the family. Draw a family no longer appear as the subject in the civil legislation in our country, and is only relatives living community.The fifth part:the necessity and the possibility of family as a civil subject. This part through the analysis of the total of their own family needs and social reality need, the family needs is obtained and can be the conclusion of civil subject.The sixth part:establishing family civil main body status of theoretical basis. This part first analyzes the criterion of civil subject, and then looked at whether family conforms to the standard, thus it is concluded that the family with the conclusion of the general constitutive requirements of civil subject.The seventh part:establishing the system of family status of civil subject construction. This part is the core of the article, because even give family to civil main body status is in conformity with the need of reality, still have to study of some specific issues associated with it, this is establish the independent status of the domestic civil subject is inevitable. In this paper, by analyzing the legal conflict between family and family members to solve and give family after the subject status and other civil subject of conflict and coordination, to build a family of civil subject system.