在我国民事法律中,并未对民事责任能力下一个明确的定义,学术界也对有关自然人责任能力问题争论不休。本文从分析自然人责任能力的含义入手,通过对世界上三种立法例的比较分析,认为我国应采德国的立法例,即以识别能力为基础判断责任能力的有无。 In our country’s civil law, the definition of civil liability is not clearly defined. Academics also argue over the responsibility of natural persons. This article begins with the analysis of the meaning of the responsibility of natural persons. By comparative analysis of the three legislative cases in the world, this article thinks that our country should take the legislative case of Germany, that is, judge the existence of responsibility ability based on the recognition ability.