在《民法总则》实施前，法律中规定的民事主体只有自然人和法人这两类。近些年，类似个人独资企业、独立从事民事活动的机构等，都在以自己的名义从事民事活动，但在法律上没有地位，如果法律中没有规定，不利于他们的活动。因此，需要有个单独的非法人团体把这些团体纳入进去，以规范其从事的活动和实施的民事法律行为。 2017年颁布的《民法总则》中，将非法人组织纳入到民事主体范围内，《民法典》延续了这一规定。依照法律规定，非法人组织是不具有法人资格，但是能够依法以自己的名义从事民事活动的组织。非法人组织包括个人独资企业、合伙企业、不具有法人资格的专业服务机构等。设立非法人组织，应当依照相关法律法规的规定，需要进行登记或者经过有关机关的批准后设立。 Before the implementation of the "General Principles of the Civil Law", the only civil subjects stipulated in the law were natural persons and legal persons. In recent years, organizations such as sole proprietorships and independent civil activities are all engaged in civil activities in their own name, but they have no legal status. If there is no provision in the law, it will be detrimental to their activities. Therefore, there needs to be a separate unincorporated group to include these groups in order to regulate its activities and civil legal acts. In the "General Principles of the Civil Law" promulgated in 2017, unincorporated organizations were included in the scope of civil subjects, and the "Civil Code" continued this provision. According to the law, an unincorporated organization is an organization that does not have the status of a legal person but can engage in civil activities in its own name in accordance with the law. Unincorporated organizations include sole proprietorships, partnerships, professional service organizations without legal personality, etc. The establishment of an unincorporated organization shall be established in accordance with the relevant laws and regulations, and shall be registered or approved by the relevant agency. 
关于非法人组织承担责任的方式，《民法典》第一百零四条规定“非法人组织的财产不足以清偿债务的，其出资人或者设立人承担无限责任。法律另有规定的，依照其规定。”同时第一百零八条规定“非法人组织除适用本章规定外，参照适用本编第三章第一节的有关规定”。即如果《民法典》中对于非法人组织的规定尚不够完善的，可以参照有关法人的一般规定。 随着时代不断发展，从事民事活动的主体的形式可能会越来越多样化，为切实保障各主体的合法权益，对主体进行分类必不可少。在不能穷尽具体形式的情况下，可以依据不同主体的不同特性，将其划分为法人和非法人，更有利于实现法律的指引、规范、保障作用。 Regarding the manner in which an unincorporated organization assumes responsibility, Article 104 of the Civil Code stipulates that “If the property of an unincorporated organization is insufficient to pay off its debts, its investor or founder shall bear unlimited liability. If the law provides otherwise, it shall be subject to Provisions.” At the same time, Article 108 stipulates that “in addition to the provisions of this chapter, unincorporated organizations shall refer to the relevant provisions of Chapter 3, Section 1 of this title.” In other words, if the provisions on unincorporated organizations in the "Civil Code" are not yet complete, you can refer to the general provisions on legal persons. With the continuous development of the times, the forms of subjects engaged in civil activities may become more and more diversified. In order to effectively protect the legitimate rights and interests of various subjects, it is necessary to classify subjects. In the case that the specific forms cannot be exhausted, different subjects can be divided into legal persons and unincorporated persons according to their different characteristics, which is more conducive to the realization of the legal guidance, regulation, and protection. | 
