法律人格的制度价值--兼论信托的法律主体地位

The Value of Legal Personality——and the Legal Status of Trust

在国内法乃至国际法中,拥有法律人格通常是主体从事获得法律认可的活动的必要前提。法人地位对于其拥有者而言,能够带来多方面的制度性便利。是否赋予某主体以法律人格,是一国立法政策权衡的产物,也是相关主体法律地位的集中体现。信托的独立法律主体地位在世界范围内日益得到广泛认可。考虑到信托需要且能够实现独立的责任能力,我国立法有必要赋予信托以法人地位。

Under international law as well as domestic law of most countries, owning legal personality is a necessary precondi- tion of dealing with legal affairs. Legal personality could bring its owners a variety of convenience in social activity. Whether to endow a subject with legal personality is a decision of law-making body in balancing various policies and social values, and it also demon- strates the relevant subject＇s legal status. Trust has gradually gained world-wide recognition in its independent legal status in the soci- ety. In light of the fact that trust is in need of independent legal status, and could undertake independent liability, China＇s law should endow trust with legal personality status.