常州大学学报(社会科学版)2017，Vol.18Issue(3)：32-38,7.DOI:10.3969/j.issn.2095-042X.2017.03.006
法人人格权主体地位证成
The Subject Position of Legal Person's Personality Right
摘要
Abstract
Legal person is the product of economic and social development and there is the historical understanding of legal person.Imitation theory, negation theory and social function theory of legal person all have their own shortcomings.Legal person actually has an independent will and is different from its constituent, that is, the natural person.So the real legal person theory should be kept.Legal person is not only the pursuer of interests, but also has social and cultural purpose;legal persons as a group, are different from natural persons in the scope of rights.It is a trend of system development in major developed countries to entitle corresponding personality right to legal person.In the existing legal and judicial practices in China, although the personality right of legal person is recognized, there is still room for improvement compared with the major developed countries.It is necessary to make appropriate adjustments in the legislation and the judiciary to meet and promote the full realization of the aims and functions of legal person.关键词
法人本质/法人功能/法人伦理属性/法人人格权Key words
legal person's essence/legal person's function/legal person's ethical attribute/personality right of legal person分类
社会科学引用本文复制引用
高可..法人人格权主体地位证成[J].常州大学学报(社会科学版),2017,18(3):32-38,7.基金项目
国家社会科学基金重大项目"全面推进依法治国与全面深化改革关系研究"(14ZDC003). （14ZDC003）
