| The Legal Person System has been one of the greatest legal person pioneering works since modern times. Since its generation, it has attracted innumerable scholar's interests for its unique legal science charming. The research on the legal person system was extremely bustling and colorful, and among these theories, many presented the exquisiteness and rigorousness of legal science thought as well as sufficiently opened human mentality.The essence, right ability and capacity system of legal person are the foundation of entire legal person system. But scholars in our country have studied few on capacity system, the legal person's right ability and capacity relations, the capacity scope between legal person, legal person capacity and so on. Such questions are not studied comprehensively and deeply. As a social group, the existence of legal person is inevitable and it is the demand of society. It also has independent intention ability and may act legally based on its independent will. The legal person capacity's scope is different from its right ability's scope. That is to say, legal person's right ability takes civil subject as qualifications and does not have scope size but involves the existence. When talking to its limit, it is only to the behavior capacity of legal person. Therefore, in view of the mistake understanding of legal person capacity in our country, using the methods of historical, comparing and logical analysis, the author carried on inspection of the rationale and system value of legal person's capacity, and elaborated the legal person's capacity based on this foundation.This article is divided into five chapters to carry on the elaboration:The first chapter involves the outline of legal person capacity. In this part, the author elaborated what is capacity, the origin, and introduced the concept and characteristic of legal person and concluded that the legal person have intention ability which was carried on and realized depending on its institution.It also introduced concept and characteristic of legal person capacity and analyzed the difference between right ability and the capacity of legal person.The second chapter involves the foundation and system value of legal person capacity. In this part, the author analyzed the influence for legal person capacity embaeked three theories of legal person essence from legal person's essence; obtained from the legal person capacity's system value, it explained the value of legal person has.The third chapter involves the legal person's capacity and its right ability and responsibility ability. In this part, the author carried on analysis and critique to present theory which holds that legal person right ability is the special right ability. It pointed out that legal person's right ability was general right ability. Furthermore, it corrected the misunderstanding of legal person capacity and right ability in recent lawful area. Finally, it elaborated the author's own understanding of legal person capacity.The fourth chapter involves the scope of legal person capacity. In this part, the author carried on elaboration into two major parts. Firstly, through surmounting five theory introductions on the nature of management scope for legal person and law analysis on legal principle theory as well as legislative adjustment to the legal person management scope in various countries, the author drew the conclusion that legal person's capacity must be limited to the goal scope. Secondly, it elaborated several kinds of situations on limit of law to legal person capacity in detail. For example, forbids the legal person to become the unlimited liability shareholder of other legal people or the ordinary partnership enterprise's partners, the limit of legal person's guarantee, the limit of legal person's capital loan and so on.In the fifth chapter, combing with present situation in our country, it pointed out that present stipulates existed insufficient understanding of legal person capacity and legal regime is relatively chaotic, which caused many difficulties in practical operation. According to recent situation, the author put forward several suggestions about consummating the legal person capacity.Because of the capacity limit, it is not comprehensive and profound in discussion on legal person capacity.The author will continue to study and search for deep and profound research on this case in later study and work time.
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