身份权是民法中人身权的重要内容,身份权源于古罗马法,后经不断发展形成现代意义的身份权。其性质与原来有很大出入,最重要一点,身份权的性质不再以支配权为主,是平等主体之间集合请求权、形成权等性质。在民法典编撰时,身份权是处于民法总则中,还是处于分则中,有待于立法者作出规定。 Identity right is an important part of personal rights in civil law. The right of identity originated from the ancient Roman law and has been continuously developed to form the modern right of identity. The nature and the original great discrepancies, the most important point, the nature of the right to identity is no longer dominant, is the nature of the collection between the equal rights of the main claim, the formation of the right. When the Civil Code was compiled, whether the right of identity was in the general provisions of the Civil Code or in the sub-rules was subject to the legislator’s provisions.