Research On The Legal Status And Responsibility Of Branches Of Enterprise Legal Person

The promulgation of general provisions of civil law established the basic system and framework of civil code,effectively coordinated the relationship between civil law and commercial law,eliminated the conflict and contradiction between the original general provisions of civil law and related special laws,standardized the basic rules of social life,marking the first step of the compilation of civil code in China has been successfully completed.However,it is not clear about the subject orientation of the branch of enterprise legal person.Due to the civil procedure law gives the branches of enterprise legal person as litigation subject qualification,but its subject status in the civil substantive law has not confirmed,led to some scholars believe that the only form part of a legal person,direct denied civil subject branches of enterprise legal person qualification,but it will make the civil substantive law and the civil procedure law of two legal system cannot join,lead to China’s legal system is not perfect.There are also different judgments in the way of liability of the branch of enterprise legal person,so it is an urgent problem to adopt the discretion standard when it involves the cross cases of criminal.So this paper aims to branches of enterprise legal person development course and the analysis of its constitutive requirements,etc,should be given the subject qualification of the fundamental reason is that it has the unique function of economic level,the ability to play a great role in promoting social development,and through the deep research in the theory of civil subject,analysis the branches of enterprise legal person has an abstract personality,which should have subject qualification.By defining enterprise as legal person is the main body of the branch type,associated with the organization,it is concluded that it should belong to the organization is the type of the main body,allow it to naturally won the civil main body status,both conforms to the legislative intent and conforms to the actual need of social development,and the civil law general principles for a good cohesion,make substantive law to coordinate with the litigation laws.In terms of litigation,it is clear that in cases involving branches of enterprises as legal persons in judicial practice,the plaintiff should be listed as a defendant or a third party in accordance with the principle of respecting the plaintiff’s claims.This paper discusses the differences of liability rules in different legal relationships.This article through to the enterprise as a legal person branches of external guarantees case analysis,think such cases shall be handled as invalid contract,legal person and its branches shall bear the contracting fault liability,the creditors should also be to have no audit branches of enterprise legal person is able to provide a guaranty fault bear corresponding responsibility.Branches of enterprise legal person has a unique role in China’s market economy,so clear its subject status leap development has great significance to our country economy,cases branches of enterprise legal person responsibility related to unified standard of discretion,help solve the problems in the judicial practice,promote the perfection of legal system in China,has an important role to the construction of the rule of law society.