Research On The Civil Subject Qualification Of Unincorporated Organization

Unincorporated organization is regulated in The fourth chapter of The general provisions of civil law of The People’s Republic.The 102nd general principles of the civil law clearly stipulates the definition of the unincorporated organization and lists several typical types of unincorporated organization.Besides,other clauses of The fourth chapter regulate the establishment and the ways of undertaking responsibility and the place of business and dissolution and liquidation of the unincorporated organization.Prior to this,the unincorporated organization is engaged in a variety of civil activities in its own name in our economic life.When a dispute arises,the civil procedure law endow the unincorporated organization a subject qualification of litigation according to the need of judicial practice.However,due to the fact that the unincorporated organization doesn’t have the subject qualification of the civil substantive law and also doesn’t have the civil substantive right.Therefore,a series of problems who will bear the lawsuit consequence and undertake civil liability hit one after another.Although the unincorporated organization already has the qualification of civil subject in the general provisions of civil law,its problems as a civil subject about theoretical basis,cognizance principle,classification standard,civil capacity and so on are worth thinking and exploring.Figuring out these problems is conducive to the effective connection between the general principles of civil law and branch of civil law and separate regulations of civil law.Consequently,by means of tracing back to the theoretical basis of the subject qualification of unincorporated organization,I want to deepen the understanding of the illegal organization as a civil subject and on the basis of the analysis depth analysis the regulations of the unincorporated organization in the general principles of civil law and branch of civil law and separate regulations of civil law.1 also expect to do my bit for the construction of the subject system of the unincorporated organization in the whole civil codification.This paper is divided into five parts.The first part is the study of the history of the civil subject system,then in the second part,the author analyzes the theory of civil subject qualification criteria,then in the third part,the author describes the legislative status of unincorporated organizations in China,and then in the fourth part,the author analyzes the problems existing in the judicial practice of unincorporated organizations in China as well as analyzes the value and significance of the unincorporated organization as a civil subject.Finally,on the basis of the previous parts,the author puts forward some thoughts and suggestions on the unincorporated organization as a civil subject in the codification of civil law.