主体人格与客体人格之概念辨析——以人格、主体、权利能力等概念分析为基础

人格权的发展依赖于对人格概念正确理解。在我国民法理论中,人格与主体、权利能力等概念存在混用现象。本文试图探究具体概念本质及它们之间的区别,从而提升概念之确定性。笔者主张人格为自然人和团体成为民法主体之要件,为主体之前提;主体是最为核心之概念。在近代民法理论中,主体是高度抽象的自由意志;权利能力被用来描述主体作为权利义务载体之资格有无和范围宽窄;人格权之人格与作为主体资格之人格不同,前者是客体,后者是主体要件;人格权是主体以自身为客体的权利,具有支配性,人格权的产生以抽象主体理论为基础。

Personality and Personality of the Main Object of the Concept: To Personality,Subject,the Concept of Rights Based on Ability

Personality development depends on proper understanding of the concept of personality.In our civil law theory,with the main character,right there is the concept of mixed ability phenomenon.This paper attempts to explore the specific nature and the concept of the difference between them so as to enhance the concept of uncertainty.The author argues that personality is a natural person and the group became the principal of the qualifications or conditions of civil law,as the main premise;subject is the most core of the concept of the modern civil law theory,the subject is highly Abstract free will.Legal capacity is used to describe the main carrier of the rights and obligations as the availability and scope of the qualifications of width.Personality rights Personality and personality as the main qualification is different from the former is the object,which is the main qualification or condition.Personality is the main object of its own as the right to have a dominant personality of a right of the main theory in the Abstract.