合伙能否成为民事法律主体:一个前提性的说明

合伙能否作为民法主体,一直以来就有争议。要说明这一问题,首先应该对论证的前提进行说明,也就是说,必须首先回答法律主体的内涵。通过对这一术语的分析,认为：法律从伦理和功能的角度对“事物”能否成为主体进行了拟制。而合伙正是功能意义上的主体,换言之,合伙能否成为法律主体,主要是根据现实需要而进行立法政策选择的问题。

Whether Partnership Can Be the Civil Legal Subject: A Prerequisite Illustration

There has been a controversy over the problem whether partnership should be viewed as the legal subject among the civil law scholars.To solve the problem,the premise should be illustrated first,namely,the connotation of the legal subject should be explained.It is shown in this article that the concept of the legal subject is the key to the problem.Only if we understand it,will the solution to the problem be self-evident.This article analyzes the term "legal subject" in the view of civil law jurisprudence and concludes that the law regards the subjects as legal subjects according to the ethic and function,which proves that as a kind of legal subjects,partnership is just in the functional meaning.In other words,whether partnership is regarded as a kind of legal subjects is decided by the need of reality.