目前在我国民法学界对民事行为能力与民事责任能力争议颇多,多不加区别,混为一谈,故实有厘清之必要。本文试分别从逻辑起点、作用领域和构成要件加以比较分析,认为二者是从不同方面分别体现了民事权利能力制度的不同制度。 At present, there are quite a lot of controversies over the capability of civil conduct and ability of civil liability in China’s civil law scholarship, with no distinction or difference between them. Therefore, it is necessary to clarify this issue. This paper tries to compare and analyze respectively the logical starting point, the field of action and the constitutional requirements, and considers that the two systems respectively reflect the different systems of civil rights ability system from different aspects.