民事主体理念嬗变与制度变迁——以私权制度的产生与发展为视角

Changing of Civil Subject Concept and Institutional Transition——Taking the perspective of the emergence and development of private right system

主体制度的研究贯穿于私法研究的始终,从"自然状态的人"到出现"人"与"非人"的区分,进而随着人类文明的发展,普遍的自然人主体资格得以承认,直至"团体主体"的出现,民事主体理念嬗变与制度变迁的历史,亦是私权制度的发展史。民事主体的核心理念——人的平等地位和自由意识,本身也是私法的核心理念。具有内在价值的人是私法权利的追求者,也是其利益的最终归属者。私法制度的发展史就是主体参与各种私法活动拓展自身权利空间的斗争史,私法正是以主体制度得以展开,对主体地位的反思与总结,也是对人类社会生活本质的思考。

Studying subject system is throughout the whole research of private law. The changing of civil subject concept and the history of institutional transition are also an evolution history of private right system, from ＂man in natural state＂ to the difference between ＂human＂ and ＂nonhuman＂, then to acceptance of general natural person as a subject qualification with the development of mankind civilization, and to the emergence of group subject. The core concept of civil subject stresses man＇ s equal state and free will, which is also the key to private law. Men with intrinsic value pursue private right and finally become owners of the right. The evolution history of private law system is a struggle history in which subjects participated in all kinds of activities striving for private law and extended their own rights. Private law was progressing with the development of subject system, so rethinking and summarizing subject position is also a thinking of the essence of human social life.