| The legal person's classification problem is a worthwhile attention in the civil code establishment but that did not get the enough and thoughtful of problem. Beginning from the concept of legal person and the value and the basic theory, this text introduced the traditional classification ways of legal persons in mainland law systems and England-American law systems. In mainland law system, it always was divided into legal person of civil law and commercial law traditionally. It was subdivided into public law person and private law person under the legal persons of civil law, subdivided into juridical association and consortium legal person under private law person, subdivided to be profitable and non-profitable, domestic and foreign under juridical association. It was subdivided into unlimited company, limited partnership, joint stock company, joint stock limited partnership company, limited liability company under commercial law person. In England-American law systems, collective legal person and single legal person are the basic demarcation for legal person. Then, this text introduced and evaluated the legal persons' classification system which had been established according to our country's Civil Law and Company Law, pointed out the four basic deficiencies of current classifications. Then, this text did a simple introduction of several legal person types existing in the realistic life. Finally, this text tried to establish the standard of evaluating the legal person classification systems, and tried to establish our country's legal person classification systems according to this standard.The first part of this article introduced the fundamental theories of the legal person's classification. In this part, from probing the function of natural person, partnership, consortium, compare its society value, draw the conclusion: Because of the legal person's independent personality, it can enjoy the rights, and take on theduty. In the big tide of that social and economic development, legal person is better than partnership, legal person's emergence is the time's product and it will become the main current.First, having introduced the legal person's function, in this part, it is divided into two level of structures, the first, comparing the superiority of value and function of natural person, partnership and association.Second, it compared the superior of he value and function individual and financial group.By this kind of analysis, the writer found out the theoretic basis to establish legal person system.Next, the article introduced the constitution base of legal person system.By analyzing the citizen's fundamental rights and obligations which regulated in the constitution, the writer found out its constitution's basis.The third, the writer introduced the concept and essence of the legal person, found out the system's theoretic foundation and historical origin.The fourth, described the legal person's history process with relevant characteristics.Analyzing domestic and international present condition of legal person's development found out the common characteristic. That is to say, corporation is a kind of association which was established by law, it owns the property or budget, it can undertake the civil duty and take part in the activity by its own name.The second part of the article introduced the value of classifications.This section introduced the significance to distinguish different type of legal person. Analyzed the aim and situation, deferent kind of laws were for deferent kind of legal persons. By this kind of way, it's good for the legal person's activity and good for acting rule of market and good foe economic order and for society to create good economic environment.The article pointed out:In the western countries, either mainland law system or English-American law system, because of the influence of the thought of equality or the freedom, they had got its profound history value on the corporative classification system with realistic and living significance. This requests that w... |
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