On The Legal Status Of Illegal Groups

Whether the organization without civil capacity is competent as a legal subject of civil law , different countries may have different theses. We know, being the subject of legal relationship, "person" is the first concept in civil law while also the first and most essential element of the system of civil law. However, the rich connotations of concept of civil subject have not been addressed in general textbooks. Through delineating history of emergence and development of civil subject in law, this article tries to reveal the significance of civil subject in civil law branch. In the age of barbarism when everything was ruled by divine right, civil subject at law, including natural person and deities, actually was in a situation where natural persons were subject to duties. When deities were excluded from category of civil subject in civil law, civil subject emerged in hierarchy in times during which supremacy of state power was maintained over a long period of time. According to inherent and inextricable one held, civil subject enjoyed his rights and carried out his commitments. After modern times, civil subject at law started to possess certain features of civil law, such as equality, liberty, and neutrality. For civil subject in law of contemporary times, civil subject in civil law has being able to develop from formal equality, liberty and neutrality equality, liberty and neutrality in substantive sense. The author demonstrates achievements of outstanding legal experts in history in their struggles for civil subject and their theories. In the meantime, it also exposes distorted and retrogressive doctrine of civil subject in history and today.Through the basis of the preceding discourse, the author criticizes the fault of accustomed definition about civil subject, re-determines the standard about being the civil subject; and deals with the logic and ration about that the organization without civil capacity has capacity as a subject of civil and is capable of being the subject of civil law. As far as the author concerned, the organization without capacity is a third civil...