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中共中央《关于经济体制改革的决定》的第三条中曾提到,为了增强企业的活力,还要使企业“成为具有一定权力和义务的法人。”何谓“法人”?下面谈点个人的看法。那么究竟什么是“法人”?这一概念首先在古代的罗马法中出现,此后,古今中外的许多法学家,根据各个国家的法律规定,从各自不同的角度出发,作了很多的解释,形成了种种说法。起初有一种“法人拟制说”,认为“法人”是模拟自由人由法律特别拟制的“人”;后来又有一种“法人实在说”,认
Article 3 of the CPC Central Committee’s “Decision on the Reform of the Economic Structure” mentioned that in order to enhance the vitality of enterprises, it is also necessary for enterprises to “become legal persons with certain powers and obligations.” What is meant by “legal person”? view. So what is “legal person” after all? This concept first appeared in the ancient Roman law. Since then, many jurists both at home and abroad have made a lot of explanations and formed many different interpretations according to the laws and regulations of various countries A variety of statements. At first there was a “legal person to say that”, that “legal person” is to simulate the free person specially formulated by law, “person”; then there is a “legal person to really say that”