法人人格权确立的法律背景分析

私法层面上的人格权理论研究始于19世纪的德国法学，人格权概念是以自然人人格为雏形发展起来的。法人是社会经济发展和法律技术运用相结合的产物，自其取得法律意义上的人格以来，就在为争取法律人格的权利保护而进行不懈努力。从法人人格到法人人格权，两者在民事立法中并不同步，而是经历了一个漫长而曲折的发展过程。法人人格权的确立是基于立法政策判断、理论论证和法律技术运用三个方面的法律背景。法人人格权的确立，突破了长期以来人格权只能由自然人独享的理论。

Legal background of legal personality right establishment

Personality right theoretical research of civil law stratification originated fi＇om German legal sciece in the 19th century, the personality right concept developed from the natural person＇s personality as embryonic form. The legal person is the product of the social economic development and application of legal technology. Since made in legal personality it had been struggling for the fight of protection. From the legal person＇s personality to its personality right is not the synchronization in the civil legislation, but has experienced long and winding developing process. The legal backgrounds about establishment of legal person＇s personality fight in three aspects： the legislative policy judgment, the theoretical proof and the utilization of legal technology. Its establishment broken the theory which personality right had been enjoyed only by the natural for a long time.