对责任能力概念存在的诸种解释进行比较辨析,从主体资格层面和体系制度层面出发,分析比较作为主体资格构成要件的责任能力和行为能力,以及作为民事制度的责任能力和行为能力,提出责任能力的实质是主体资格的构成要件,其作为一种制度设置应以识别能力为基础,独立于行为能力存在的观点,借以评析我国民事责任能力制度的优劣。 This paper analyzes and compares the explanations of the existence of the concept of responsibility, analyzes and compares the responsibility and capacity as the constituent elements of the main body as well as the responsibility and capacity as the civil system from the aspect of the qualification of the main body and the system and system. The essence of ability is the component of the qualification of the subject. As a system setting, it should be based on the ability of recognition and independently of the viewpoint of the ability of action, so as to evaluate the advantages and disadvantages of the system of capacity of civil liability in our country.