| Currently, there are two opposing theories, namely the "division theory" and the "identity theory", on the relationship between "unincorporated organizations" and "other organizations" in legislation, theory and practice. The "division theory", which is based on the interpretation of Article 102 of the Chinese Civil Code and Article 52 of the Judicial Interpretation of the Civil Procedure Law, longitudinally cuts off the historical connection between the concept of "unincorporated organization" and the previous legislation and horizontally splits the related structure of civil law and other legislations, and therefore should be abandoned. The relationship between "unincorporated organizations" and "other organizations" should be explained by the "identity theory", which is based on the explanation of system, history and purpose. On this basis, China should incorporate "other organizations" in the subjective sense into "unincorporated organizations" through package amendment and, through the introduction of such legislative expressions as "other legal or unincorporated organizations" and "incapability organizations", let "other organizations" in the non-subjective sense to refer specifically to all organizations other than specific organization, thereby realize the integration and unification of the concept of the third type of civil subject in the legal order. |
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