民事权利能力若干问题研究

Research on Some Problems about Capacity for Civil Right

民事权利能力是民事主体享有权利和承担义务的资格,是人之所以成为人的根本原因。民事权利能力起源于古罗马,但只有在现代社会人与人之间的民事权利能力才是完全平等的。民事权利能力平等实质上是人们意思表达资格的平等。本文还论述了自然人与法人民事权利能力的一些问题。

Capacity for civil right is a qualification with which a civil subject has his or her right and performs his or her duty, and also is the fundamental element for a man to be a man. It originates from the Old Roman. But only in a modern society can capacity for civil right be fully equal to all men. In essence, the equality is that a person is qualified to express himself equally. The article also discusses some problems about the capacity for civil right of natural person and legal person.