人格最初是罗马法上关于身份的概念,其演变和发展一直是民法界的重要问题。罗马法中人格即身份,要作为完全的权利义务主体,需要具有自由身份、市民身份和家族身份。法国民法典则把自然法和理性联系起来,以伦理为基础实现了生物人向法律人的转变。德国民法典以权利能力取代人格,最终实现了人格取得的主体地位由不平等到形式平等。但由此导致了人的权利能力的差别,从而陷入否定人格平等性的悖论,对于权利能力制度的缺陷,则应借鉴罗马法中关于人格的合理内容,设立平等的主体制度以说明人格概念独立对民事主体制度重构的价值。 Personality was originally the concept of identity in Roman law. Its evolution and development have always been important issues in the civil law community. The Roman law personality as an identity, as a complete body of rights and obligations, need to have a free identity, citizenship and family status. The French civil code, however, linked natural law with rationality and realized the transformation from biological man to legal man based on ethics. The German civil code replaced the personality with the right ability, finally realized the main body position that the personality obtains from the inequality to the formal equality. However, it leads to the difference of human rights and powers, and thus falls into the paradox of negating the equality of personality. For the defects of the system of rights and interests, we should draw lessons from the reasonable content of the law of Rome and set up an equal system of subjects to illustrate the concept of personality The Value of Independent Reconstruction of Civil Subject System.