主体制度是私法的基础,私法的全部体系都是以表现为法律主体的人为出发点和核心而建构起来的。在私法史上,主体制度经历了复杂的变迁,但概括起来,无非是两个基本类型:罗马法上的以家庭为本位的主体制度和近代民法(以法国法、德国法为代表)上的以个人为本位的主体制度。罗马法创造了人格的概念,以人格的享有作为主体资格的前提。这是罗马法最富有创造力的成果之一,体现了罗马人高超的立法技术,但从法律价 The system of the subject is the foundation of the private law. All the systems of the private law are constructed from the human starting point and the core of the law as the main body. In the history of private law, the subject system has undergone complex changes, but in summary, it is nothing more than two basic types: the family-based subject system in Roman law and the modern civil law (represented by French law and German law) Individual-based system of the subject. Roman law has created the concept of personality, the precondition of personality as the main qualifications. This is one of the most creative achievements of the Roman law, reflecting the superior Roman legislative techniques, but from the legal price