论法人的独立人格及判断标准

The Independent Personality of the Legal Person and Its Terms

本文对法人的独立人格及取得条件进行了深入研究,剖析了法人责任能力的基本内涵,指出现行立法和相关理论将法人独立责任能力等同于投资人有限责任,从而使法人概念限于投资人负有限责任的团体,不能正确体现法人独立人格的内涵,并导致法人理论的混乱。因此,应当摒弃现行理论,赋予法人正确的法律定位,以适应市场体制建设的发展需要。

This article makes a thorough research on the independent personality of the legal person and the terms for obtaining it. After analyzing the basic implication of the capacity of duties of the legal person, it points out the present law and the relative theories view the legal person' s capacity of duties is equal to the limited duties of the investor. Hence, the concept (legal person)is confined to the group that the investor takes the responsibility for, which cannot represent the true implication of its independent personality, and at the same time causes the confusion in the field of the theory. Based on the analysis, this article reaches the conclusion in the end that we should repeal the present relative laws on this issue, explore the accurate legal meaning of legal person in order to adjust to the need of the market system s construction and development.