论文部分内容阅读
罗马法的法律人格概念是对自然人法律地位和法律关系主体的资格进行的高度概括和抽象,它是法律技术的产物,是一种制度拟制的结果。法律人格学说经历了从自然人法律人格演进到团体法律人格以及国家法律人格的过程,使得法律人格呈现出三种类型。国家法律人格的获得同样是制度拟制的结果。国家(政府)这一抽象主体同时具有公法人格和私法人格。国家人格主要属于公法或者国际私法上的范畴。而在中国,国家(政府)也时常出入私法领域,致使我国国家双重法律人格存在着重叠混同、任意置换等问题,且主要表现在国家所有权行使方式、国家经济管理模式等方面。我国国家法律人格双重性问题有其社会、制度、体制以及法制等方面的因素。我国国家法律人格区分适法,可以有效解决国家所有权实现等问题。
The concept of legal personality in Roman law is a highly generalization and abstraction of the legal status of natural persons and the qualification of the subject of legal relations. It is a product of legal technology and is the result of a system formulation. The theory of legal personality has undergone the process of evolving from the legal personality of the natural person to the legal personality of the group as well as the legal personality of the country, making the three types of legal personality appear. The acquisition of national legal personality is also the result of system formulation. The abstract subject of the state (government) has both public law and private law personality. National personality mainly belongs to the category of public law or private international law. In China, the state (government) often goes out and in the field of private law. As a result, China’s dual legal personality is subject to overlapping and arbitrarily changing. It is mainly manifested in the modes of state ownership and the state economic management. The duality of the national legal personality in our country has its social, institutional, institutional and legal aspects. The distinction between the legal personality of our country is lawful and can effectively solve such problems as the realization of state ownership.