중국 조합기업법상 합자조합의 법적 지위에 관한 고찰 - 한국 상법상 합자조합과의 비교를 통하여 -

The legal status on the partnership of China is basically is ruled by the Law of the People's Republic of China on Partnership Enterprise(PEL). Characteristics of the legal status on the limited partnership of China would be summarized as follows. First, converting way of thought from the law of contract to simplex method is taking place. The transferring process of the legal status on the limited partnership of China from a contract to Incorporated Association has been showing well. Second, according to the Civil Procedure Law and Judicial Interpretation System of the Supreme People’s Court of, the legal Partner is acknowledged as the admissibility to civil proceedings, and qualification of the main subject on the civil legal relationships admitted as well. With the limited partnership, PEL is ruled by the form of a special law, but it is characterized that The Law of the Republic of Korea on Limited Partnerships is regulated by the commercial law of General Provision. It is because the problem of the legislative system considering the Natural person and Corporate as the main juristic act. In terms of availability of the limited partnership, a history of being incorporated into the limited partnership of the legal status is short, while high utilization rate of partner in China has been shown due to social economic reasons. Consequently, we need to conduct further study on this issue.