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法人的责任能力是指法人据以独立承担责任的能力或者资格,而因对法人本质的认识存在较大分歧,因此导致有关法人民事责任能力存在着“肯定说”与“否定说”两派学说,并影响着各国有关法人侵权能力制度的立法选择。我国现行立法与实践采用的是广义上的侵权能力制度,法人对法人机关及其有权代表人执行职务的行为应当承担责任。《民法通则》关于法人责任制度的相关规定存在立法缺陷亟待及时修改。
The legal person’s ability of responsibility refers to the ability or qualification of a legal person to bear the responsibility independently. However, due to the big differences in the understanding of the legal person’s nature, the legal person’s ability to make a civil liability lies in the fact that there is a “positive” and “negative” The two schools of doctrine have an impact on the legislative choices of the system concerning the abusive power of legal persons in various countries. The current legislation and practice in our country adopt the system of abusive power in a broad sense. Legal persons should bear the responsibility for the performance of legal persons and their authorized representatives. There are legislative flaws in the relevant provisions of the General Principles of Civil Law on the system of legal person liability, which need prompt revision.