自然人民事责任能力性质的再思考

Reflections on the Nature of the Capacity of Civil Liability of Natural Person

传统的以行为能力为前提,识别能力为核心的民事责任能力理论与民法的诸多制度和理论产生了冲突和矛盾。现代侵权法的发展为我们重新定位民事责任能力的地位创造了条件。民事责任能力属于权利能力的结论既合乎理论,又切合实际。以识别能力为基础的过责能力和作为人格内容的民事责任能力相区别才是探讨自然人的民事责任能力性质的合理方法。

Theory of the capacity of civil liability, which has traditional capacity to perform civil acts as its premise and capacity of discrimination as its core, conflicts with and contradicts many systems and theories of civil law. The development of modem law of tort provides us with the ground of re - defining the status of the capacity of civil liability. The conclusion that the capacity of civil liability belongs to capacity of legal right conforms to the theory and the practice. The method of distinguishing capacity of liability of fault, which is based on capacity of discrimination, and capacity of civil liability, which has personality as its content, is proved to be a reasonable way to probe the nature of the capacity of civil liability of natural person.