| 《The general civil law》was voted on March 15,2017,to add"the unincorporated organization"as the third type of civil subject,the changes in legislation is not only the inheritance and continuity of recognition about the third type of the existing single civil law.but the formal response about the "organization" status for a long time."The general civil law" the 102th in the provisions on scope of unincorporated organization only lists three kinds of typical organization.And the law of the word"and so on" refers to "other unincorporated organization" is not precise.As a result,the unincorporated organizations range of coverage is too narrow,and effect the practicability and maneuverability in a certain extence.It is difficult to play a lead role in civil code.Therefor according to the research of the uncorporated organiztion is typed in this paper,further definited the scope of "the organiztion" and give the specific explanations of "other organizations",for the improvement of the organization system has important theoretical and practical significance.The development of the civil subject system has experienced from the family home to any individual,to a legal person,and finally to the organization is the historical evolution process,formed a diversified development trend of the civil subject system.In our country,although the organization system began in the late qing period,but the real development and perfection period is after the reform and opening up.The civil main body status of unincorporated organization was directedly or indirectly recognised by a series of civil legal gaved by legislative branch.for the civil law general principles for the establishment of the organization is an independent civil subject status made important legislation.At the same time,also reflects about the organization is the provisions of the civil main body status,not create a new law,but the inheritance and contimation about the existing civil law on the recognization of the status of unincorporated organization.The unincorporated organization has the ability to become the basis of independent civil subject status,including theory and reality.On the theoretical basis,the non-legal person organization has the capacity of civil rights,the capacity of civil conduct and the capacity of civil liability,and has the condition to become an independent civil subject.In realistic foundation,"the general civil law" is the determination of independent civil subject status for the organization,not only comply with the demand of the current social reality and the development of civil subject diversification trend.Moreover,it is conducive to the cohesion and unification of the legislation."The general civil law" the 102th item 2 clearly put" the sole individual proprietorship enterprises and partnership enterprises,do not have the legal person status of the professional services firm" included in the scope of unincorporated organizations,this regulation has legitimacy and rationality.At the same time,for the specific types of "other unincorporated organizations" referred to in this paragraph,which should include the three types of organizations:the corporate branches,the owners’ committee,and the establishment. |
