中國民法上 權利主體

The Subject of Rights in the Chinese Civil Law

This thesis looks at the subject of rights in the Chines civil law. In the modern society, every natural person is given an equal capacity of enjoyment of rights. They also acknowledge the ability to exercise this right to an organization if they have the appropriate conditions. In other words, this means that every natural person and juridical person has the right of private ownership and this ultimately is the result of a capitalistic society which has a foundation on free competition under the private ownership law system. China is a socialist society, Under this system. the meaning of the capacity of enjoyment of rights is not very clear. However, China is slowly expanding its capitalistic market economy system part by part under the socialistic structure economy. Therefore, the meaning of the subject of rights or the capacity of enjoyment of rights is becoming more and more important. The general Chinese Civil Law defines natural person and juridical person as the subject of rights, However, the Gaechaegongsangeopho system and the Nongchondogeupkyeongyeongho system are understood as being acknowledged as the subject of rights by the registration of corporation. This is the same for an association. China has legislated the Association Enterprise Law and an association is in reality treated as a corporation. Therefore, this thesis investigates into the subject of rights of the natural person and the association enterprise. China has reformed its constitutions and is going towards the direction of enhancing the meaning of private ownership which makes it likely that the capacity of enjoyment of rights by natural person will expand further in the future in reality. Furthermore, the Association Enterprise which constitute the corporation assets as a private property is expected to become more active as an alternative methode of the government-owned corporations. The only reservation about this is that China is sticking firmly to the market mechanism. The fundamental reason as to why there is difficulty in understanding Chinese Jaw can he said to he because of the conflict of this socialist publicly-owned system and the market mechanism.