非法人組織的法律主體問題研究

1、南京師范大學(xué)碩士學(xué)位論文非法人組織的法律主體問題研究姓名：高海翔申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：法學(xué)；法學(xué)理論指導(dǎo)教師：龐正2009-05-24摘要 IIAbstract Besides natural person and legal person, as emerging main benefites ,the social organization not having legal personality, nowadays take l

2、arge numbers actives in all areas of social and economic life. Under the civil law tradition, Germany, Japan and Taiwan region of China's people has already begun the research of the illegal organization, whose germi

3、nation in Germany, transplantation in Japan, drawing on in Taiwan, namely the “ability to partner with the right to association,“ “illegal people and illegal Human Societies consortium“, “illegal group“ system to regulat

4、e them, and has been the formation of a unified description and adapted the concept and its basic theory and legal status. In China mainland, because of the lack of academic understanding of the norms and institutional d

5、esign, illegal Organization system is neither comprehensive nor systematic, Not only the name has not been consistent, Such organizations about the concept of voice has not reached a consensus, In turn makes people aroun

6、d the illegal organization started the concept, characteristics, legal status, legislation, such as system design and mode of study has yet to be the rationale for research questions. On the basis of research results ab

7、out the inspection of China's mainland.This article advocates of “illegal organizations“ as a unified title to the allegations in accordance with the law in our country to set up people together to take part in basic

8、 and is independent of the expression of members of civil activities will not have the legal personality of the organization of physical, And well-defined characteristics of the organizational, and the responsibility of

9、relativity, will dependent, the form of legitimacy. Laws are the expressions of right relationship of social life. Give non-person organization to a civil law based on the status of legal subjects, are to respect the soc

10、ial and economic life of the objective reality, People reflect unlawful organizations in the public practice of law Commercial Law right to ask the inevitable choice is to follow the civil law tradition of civil law theo

11、ry of “capacity rights“ and “the legal subject status of the establishment of“ the inherent logic of natural selection. Draw on the existing civil law theory of intelligence and the Two Legal successful legislative model

12、, Traditional civil law theory of strict adherence to a “civil binary entity“ structure, which in our model to code one-way mode with a combination of legislative models, build the illegal people as the “third civil enti