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2024年11月23日 03:40
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Abstract: The spontaneous combustion person's civil right ability is the natural person legally obtains the civil right, undertakes the civil obligation qualifications. In the civil law history its development is a historical development, the evolution process. Looked from the modern human rights idea that, natural person's civil right ability should be starts in the life start, finally life conclusion. Moreover natural person's of civil right ability is equal, should not have division of general civil right ability and the special civil right ability. Because the embryo also has the life, therefore the embryo also has the civil right ability, simultaneously also should entrust with the stateless person by the civil right ability. But dead because did not have the life, therefore also did not have the civil right ability. Key word: Natural person, civil right ability, life "natural person" the concept most early introduced in the civil law stipulation is 1900 "German People Statute book". Used "the citizen" for the first time after 1922 Soviet Russian people statute book the concept, in the various countries' civil law had use "citizen" the concept, some continuations continued to use "the natural person" concept. "Natural person" the concept emphasizes person's natural attribute much, but "the citizen" more emphases takes the subject of object person's social law attribute. The country or the area divide which in the acknowledgement public law and the civil law, the natural person belongs to the civil law category, but the citizen was considered belongs to the public law category. But in did not acknowledge male, in civil law division country, the citizen and natural person's difference is not certainly big. In our country general provisions of the civil law is and "the citizen" two concepts and uses "the natural person", but in civil law theory tendency and use "natural person" concept. In the civil law long-term developing process, the natural person right ability system throughout follows the civil law to develop then the evolution. The civil law most important question is person's question, this is civil law a series of principles, the system starting point and the home to return to spot. At the same time, human's question in the civil law, certainly not merely is the legal relationship participant as well as the legal consequence withstand question, the person, the natural person, took in particular spirit of the myriad things, throughout does face "how the person to have to regard, how treats" the question. This involves to natural person's civil right ability question.