Study On Some Issues Of Civil Right Capability

Many academicians have studied the theory of civil right capability by different points. Germany Professor studied act 1 BGB in his book named "history and law". PH.D HuBaoHai and PH.D WangXiaoJun of our country gave their answer on this theory in their book named "the person in the civil law". The professor ZengShiXiong in TaiWan province advocates to abolish the system of civil right capability. At the same time, many academicians in our country studied a lot of concrete questions concerning the theory of civil right capability, such as legal status of parternship. Although many academicians studied this theory , there are many questions of the theory which can not get a agreeable opinion between academicians. There are two questions in the theory of civil right capability, the one is the equality of the civil right capability, the other is the relation between civil right capability and civil litigation right capability. In my opinion, there is a prepositive question should be studied, which is hypostasis of the civil right capability. My dissertation divides into three parts, at first I studies the hypostasis of the civil right capability , then, I studies the equality of the civil right capability , the relation between the civil right capability and the civil litigation right capability.The first part is about the hypostasis of the civil right capability. I studied the changes of the function of the personality system of Rome law, as a result, I think the function of the personality system of Rome law have experienced three phases. In the first phase, the personality system of Rome law was applied to confirm the circumscription of the citizen law and pantiso-law. In the second phase, the personality system of Rome law was applied to express the different legal right circumscription was enjoined by the persons who has different legal status. In the end, the personality system of Rome law was applied as the estimating standard of legal main body, which was succeeded by the 1900 BGB.The second part is about the equality of the civil right capability. The focus dispute of the equality of the civil right capability is the equality of the civil right capability between artificial persons. At the same time, the question of the equality ofthe civil right capability between artificial persons and persons is important too. Because the essence of the artificial persons' civil right capability is same as that of persons, at the same time, the artificial persons' running circumscription can not limit their civil right capability, the artificial persons' civil right capability is equal to that of persons.The third part is about the relation between the civil right capability and the civil litigation right capability. There is one question should be studied before we learned this question, which is the relation between the civil substantiality law and the civil procedure law. After we found that the function of the civil procedure law is to carry out the purpose of the civil substantiality law, we can say that the civil right capability determines the civil litigation right capability. At the same time, there is another question should be studied, which is how to explain the theory of form party when we think that the civil right capability determines the civil litigation right capability.