我国法人本质理论研究的反思

Rethinking on the Study of the Nature Theory of Legal Person in China

目前,我国法人本质理论研究存在四个问题:一是简单法律移植的进路远远超过本土化;二是大陆法系与英美法系各行其是;三是偏于抽象的理论研究和思辩,忽视了法人制度的实践;四是碎片化严重,缺乏体系化及创新性。本文认为,缺乏以问题为导向的研究思路和学术追求、进行本土化研究具备难度、体系性研究自身存在短板、学界与实务界自说自话是法人本质理论研究格局未能改变的主要原因。法人本质理论研究的未来在于提升理论研究的体系化、具体化、实用性,提高法人本质理论的可接受性以及两大法系的的本土化融合。

There are four problems in the study of the basic theory of legal person in China：firstly,the simple legal transplant approach is far more than the localization research effort;second,the civil law system and the Anglo-American law system on the nature of the theory of the study of its line;Abstract theoretical research and thinking,ignoring the practice of corporate system; Fourth,the study of fragmentation,repeatability serious,systematic research,lack of innovative research.In the study of the basic theory of legal person,although some scholars have merged the research of Anglo- American law system and civil law system,great efforts have been made to study the localization of the legal theory of legal person in China.However,it is still very difficult to change the theory of legal nature in the prevalence of simple grafting,the two law firms are their own,abstraction and fragmentation and other issues.Lack of problem-oriented re- search ideas and academic pursuit, the localization of research with the difficulty of systematic research itself has a short board,academia and practice from talking,which is the legal nature of the theoretical research pattern can not change the main reason.The future of the research on the nature of the legal person lies in improving the systematization ,con- crete and practicality of the theoretical research,improving the acceptability of the legal theory of the legal person and the localization of the two legal systems.