For distinguishing between the civil subject and the commercial subject, we followed different logical standards for natural persons and legal persons in General Provisions of the Civil Law, which reflect directly or implicitly the connotation of the profit-making purpose. But there are logical defects in the use of concepts and the implementation of standards, which may lead to many difficult problems in practice. The feasible improvement approach is to use the commercial right in General Provisions of the Civil Law and the single acts in the construction of the subject system of the commercial natural person, to use organization as a general concept for both the legal person and non-legal person organizations, to include the specific system of the business organization into the basic commercial law, and to combine the legal judgment with the fact judgment in distinguishing between the civil and commercial subjects.