企业法人分支机构民事法律主体地位研究

Enterprise artificial person embranchment civil legal subject's position research

民事诉讼主体范围与民事主体既有区别,又有联系。于民事诉讼上有当事人能力者,未必为民事主体、法律规范的不完善割断了本为同源的民事实体法与民事程序法,致使两主体制度失衡,而使其他机构,如企业分支机构的诉讼地位处于窘境。为使当事人、利害关系人与裁判拘束力所及范围形成三位一体的状态,可以在未来的民法典中将企业法人分支机构等其他组织确定为第三类主体,而使民事实体法与程序法在主体制度上相统一。

There are differences and connections between the scope of civil litigation subject and the civil subject. The one who acts as a party in civil litigation is not definitely the civil subject. The imperfection of the law regulations chopped up the civil entity law and civil procedure law which originate from the same root. It results in the imbalance of the two subject systems and makes other institutions such as the branches of enterprises in a dilemma in their litigation status. In order to establish the trinity of the party,the interested person and the judicial scope; it is suggested that the branches, of enterprises and other institutions or organizations can be defined as the third type of eivil subject in the future civil code so that the eivil entity law and civil procedure law will be unified in the subject system.