社会团体备案制引发的法律问题——兼论非法人社团的权利能力

实践中的社会团体备案制度在一定程度上解决了非营利组织生存和发展的合法性困境,疏解了结社需求与现行制度之间的张力,但是难以解决随之而来的经备案社会团体的法律地位和权利能力问题。经备案的社会团体是典型的非法人社团,是介于自然人与法人之间的第三类民事主体,应该在立法和司法实践中承认其特定的法律地位,赋予其相应的权利能力,并明确其不能拥有的权利能力,以适应社会发展需要。

Abstract：

The documentation system of social associations in practice resolves the puzzle of legitimacy of Non-profit Organizations in China to some extent,and eases the tension between freedom of association and existing system.However,it can not deal with subsequent issues,such as legal statute and capacity of documented associations.Documented associations are typical unincorporated associations and are one kind of independent entity as well.Legislations and legal practice should recognize its unique legal statute and corresponding capacity as well as the right capacity not endowed to meet the needs of society.

Legal Issues Induced by Documentation System of Social Associations——And on Capacity of Unincorporated Associations

The documentation system of social associations in practice resolves the puzzle of legitimacy of Non-profit Organizations in China to some extent,and eases the tension between freedom of association and existing system.However,it can not deal with subsequent issues,such as legal statute and capacity of documented associations.Documented associations are typical unincorporated associations and are one kind of independent entity as well.Legislations and legal practice should recognize its unique legal statute and corresponding capacity as well as the right capacity not endowed to meet the needs of society.