Legal Capacity For Civil Rights Research

The civil right capability system is the core content of the civil subject theory, the study on the corporation civil right capability has great significance to deepen understanding civil subject system. From exploring basic problems of the historical evolution of the right capability and the relationship between the right capability and the personality, this paper proofs the right capability between the natural person and the corporation as well as corporation is equal, but the right capability between the natural person and the corporation is equal only in the property field not in the personal law field. The existence foundation of the corporation civil right capability theory lies in its economic and technical double rationality. Meanwhile, corporation civil right capability is a concept of positive law, and has the characteristics of the abstract equality, not conversion and not abandonment, getting the non naturalness and the only possessing property law attribute. The appearance of the corporation civil right does not violate the problem of the civil law humanism spirit etc.