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根据我国的民事立法,我国的民事主体主要包括自然人、法人与其它组织。其中,合伙企业作为重要的民商事主体之一,在团体能力和责任能力等诸多方面与公司法人颇为相似,却被一直排除在法人范围之外,而被归入其它组织之中。随着新型的有限合伙的出现,这种立法上的不合理显得更加突出。借此《民法典》编撰之际,我们应该重新讨论和认识合伙企业的团体能力与责任能力,赋予其法人资格,以此理顺我国民事主体制度。
According to China’s civil legislation, China’s civil subject mainly includes natural persons, legal persons and other organizations. Among them, the partnership, as one of the main subjects of civil and commercial affairs, is quite similar to the corporate legal person in many aspects such as the ability of the group and the responsibility and responsibility, but has been excluded from the legal person scope and classified as other organizations. With the advent of a new type of limited partnership, this legislative irrationality becomes even more prominent. With this “Civil Code” compilation, we should re-discuss and understand the partnership ability and ability of corporate responsibility, to give its legal personality, in order to rationalize China’s civil subject system.