民事合伙与商事合伙的区分和法律调整——合伙法律性质探讨

我国民法学上对合伙的法律性质长期存在争议 ,根源在于没有认识到合伙形式的多样性。从大陆法系民商法看 ,合伙分为民事合伙和商事合伙 ,民事合伙不具有主体资格 ,商事合伙则具有主体资格。我国现行立法中 ,民事合伙和商事合伙的区分已实际存在 ,作者认为应以民事合伙与商事合伙的区分为前提 ,确定合伙的法律性质 ,并进一步认为商事合伙应赋予法人资格

The Distinction and Law Adjustment between Civil Partnership and Commercial Partnership

For a long time,there has been in Chinese civil legal theory the diversity of partnership which has not been realized.In civil partnership,there is no qualification of civil subject,but there is in commercial partnership.In present Chinese legislation,there has been the division between civil purtnership and commercial partnership.So the author thinks that the legal character of partnership should be determined on the basis of the divisin between civil partnership and commercial partnership.Furthermore,the author thinks that the commercial partnership should be authorized the qualification of legal person,the author thinks the commercial partnership should be authorized the qualification of legal person.