Research On The Classification System Of Legal Persons In China

The 13 th National People’s Congress to be held in 2020 will hold three meetings to consider the complete version of the civil code(Draft).In 2020,we are also about to usher in a real era of civil code.How to build a perfect civil law system,we need to rely on the grass-roots design of the perfect civil subject system,but also to build a perfect civil subject system,we need to rely on the improvement of the legal person classification system.The general principles of civil law only set up a framework for the classification system of legal persons,and the implementation of the specific system also needs to rely on the provisions of the special law of various types of legal persons.How to play a programmatic role in general law and how to link general law with special law to build a complete legal person classification system need further detailed study.In this paper,we use the methods of system research and comparative research,from theory to practice,to explore these problems.In the first part of this paper,the legal person theory is analyzed.The theory of legal person includes the basic theory of legal person and the basic theory of legal person classification.Through understanding the historical evolution of the emergence of legal person,the essence of legal person and the difference of legal person’s rights capabilities,the understanding of legal person and the reasons for its classification are deepened.The basic theory of legal classification mainly includes the method and standard of legal person classification.The recognition of the methodology of structuralism and functionalism,analytical and narrative conceptualization,and the general criteria of legal person classification,such as logical perimeter,stability,difference and legal person value inheritance,provide a theoretical basis for the selection of legal person classification mode and the construction of a perfect legal person classification system.The second part of this paper first describes the process of the selection of the legal person classification system in China,and then introduces the status quo of the legal person classification system in China with the general provisions of the civil law and the provisions of the special law,and discusses the specific types of legal organizations of the profit-making legal person,profit-making legal person and special legal person in detail.Based on the standard of legal classification provided in the first part,this paper expounds the rationality and positive significance of legal person classification system in China.Finally,from the perspective of perfection,according to the legal person classification system,it puts forward some specific problems,such as the lack of inclusiveness in general provisions,improper connection between special law and general law,contradictions in the organizational structure of donation legal person,overlapping and overlapping of special legal person organization typesThe third part of this paper is divided into two parts: civil law system and common law system according to the legislative habits of different legal systems.In the civil law system,the classification system of legal persons in Germany,Japan,Russia,Taiwan Region and other introduced in detail.In the common law system,the classification system of legal persons in the United States and Britain is introduced in detail,which provides a comparative law for improving the classification system of legal persons in China For reference.In the fourth part of this paper,the author puts forward some perfect ideas by referring to the problems raised in the second part and the legislative experience of comparative law.In view of the lack of inclusiveness of the general provisions of the general principles of civil law,it is suggested that the general provisions of the general principles of civil law should be appropriately abridged,and the differences of each legal person organization should be specified by the special law.As for the improper connection between the special law and the general law,it is suggested to amend the separate law of non-profit legal persons with higher rank,integrate the Interim Administrative Regulations,and add the forms of legal person organizations such as joint-stock foundations to improve the comprehensiveness of the legal person contradictions in the organizational structure of donation legal person should be clarified,the specific functions and powers of decision-making body,executive body and supervisory body should be established,the wrong provisions of the decision-making power of the original decision-making body on major matters should be amended,and the differences between decision-making body and the authority should be clarified.On the one hand,it is suggested to integrate various types of special legal organizations,make general and restrictive clauses,and clarify the scope of power of each organization.On the other hand,since the cooperative organization is an autonomous organization,it is not suitable to force itto choose a specific type of legal person,it is necessary to respect its autonomy and add open clauses in legislation.