围绕“人格”问题的法理论辩

"人格"问题在法学与法律上都是个众说纷纭的概念,由此也引起学界对其意义、范围以及与其它概念相区别的争论。诸如"人格的概念在法律上是否必需?","人格概念是否仅存在于私法制度之中?","人格"的概念是否与"法律主体"、"权利能力"的内涵相同?……等等,都常常引起人们的关注。作为法学、法律上的一个基础概念,人格有其存在的特殊意义,它既在私法上成为法律主体建构的基石,也在公法上为人的平等提供了依据。同时,人格既不等同于法律主体,也不类似于权利能力,而是法学、法律上具有独特内涵的专门范畴。

Jurisprudential Debate on "Personality"

The issue of "personality" is controversial in legal science and at law and gives rise to the debate over its significance, scope and differences with other relevant legal concepts such as "Should such concept of personality be necessary at law ?" "Does it only exist in private law?" " Whether the connotation of the concept of personality is as same as that of legal subject or legal capacity". Being a fundamental concept in legal science and at law, personality has its specific meaning; it is not only as the cornerstone of the formation of legal subject in private law and also the basis for person’s equality in public law. It denotes a unique connotation quite different from that of legal subject and legal capacity and belongs to its special category in legal science and at law.