民事主体制度若干问题思考

Thoghts on Civil Subject System

人格与主体是意义不同的两个法律概念。民事责任能力应从民事行为能力中独立,同民事权利能力、民事行为能力并列,从而形成完整的民事能力体系。民事责任的独立承担并非判断主体资格的标准,只是对主体特征的描述。

Character and subject are different legal concepts from their meanings. Civil capacity for responsibility should be seperated from civil capacity for conduct and should stand side by side with civil capacity for rights and civil capacity for conduct, by which a complete civil capacity system can be set up. The independent bearing of civil responsibility is not the standard to judge the subject's qualilication but a description of the characters of the civil subject.