| 英文摘要 |
The General Rules of Chinese Civil Law of 2017 adds unincorporated organizations as a third independent type of civil subjects, and briefly stipulates their registration and approval, representatives, assumption of liability, dissolution and liquidation, mutatis mutandis and so on. All these provisions pay no enough attention to the essential of unincorporated organizations and don’t differentiate their various types as to the issues of assumption of liability and mutatis mutandis. The requirement of registration excludes unregistered organizations which should be the main objects regulated by the chapter of unincorporated organizations. All the listed types of unincorporated organizations have also been regulated by special laws. Thus, the aim of these provisions would easily fall through. The idea of including unincorporated organizations in legal persons is just a nominal dispute. The legal theory and practice should devote themselves to exploring the essential elements of unincorporated organizations, and design more detailed rules according to their different types. |
