设立中公司的民事主体地位我国现行法律未做明确,但在实践中存在设立中公司作为主体参与到某些民事法律关系中的现象。从交易安全的角度出发,出于利益平衡的考虑,尊重实践,应该赋予设立中公司一定的民事法律主体地位,并明确其权利能力。 The establishment of the dominant position of the civil company in China’s current law is not clear, but in practice there is the existence of the establishment of the company as a main body to participate in some civil law relations phenomenon. From the perspective of transaction security, due to the consideration of interests and respect of practice, it is necessary to give the medium-sized companies some legal status of civil law and clarify their rights and capabilities.