| The concept of civil right is the key concept of civil law discipline. For long time, there have been a lot of different definition to civil right. Defining the concept of civil right and further defining the nature and function of civil right have great significance not only to theory but to reality. To define the concept of civil right ,first we should analyze the nature of civil right. There are four main theory: theory of will, theory of liberty, theory of interest, theory of legal force. In fact ,all these four theory reveal part of the nature of civil right to some degree but at the same time have some limit which can't be avoided. Civil right is a complicated structure which is made by law .It is hard to describe the whole content and nature of civil right through a unique theory. We should use synthetic method to analyze problem. This article put forward a cubic concept of civil right which analyze civil right from two aspects, one is active aspect, the other one is negative aspect. As far as active aspect of civil right concerned, civil right is liberty which means that the holder of right can realize his purpose liberally. In negative aspect, civil right is a legal force and is made and ensured by law. In this point, legal force has different meaning to legal force to dominate. Legal force means restriction and defence. Law had the fuction to ensure the civil right because civil contain such legal force which means restriction and defence Second, we analyze the function of civil right, generally speaking, civil right has three main function: affirming some qualification, confining the border of activity, creating the possibility of acquiring object of rights, civil right can be considered as a legal method with which holder of right realize specific objective of private law. civil right is not an unimportant method of thought but an instrument of private law with intensively practical function. Third, we should pay attention to the use and master of language. Although language has its own limit, language as a method of expression inevitably become an important method used in scholar research. In order to take linguistic advantage and avoid disadvantage, we should deeply understand and gasp all kinds of characteristics of linguistic instrument when using linguistic language, after analyzing in three level mentioned above, it seem that we can define civil right as following: civil right is a legal instrument with which holder of right can realize his will under the permission and protection of law. such legal instrument has function of affirming some qualification, confining the border of activity, creating the possibility of acquiring object of rights.Due to the systematization tradition in continental legal system ,Civil law in mainland form a legal system and in the core place of this system is abstract concept of civil, typical(typological) classification of civil right is a logical combination of civil right clearly stipulated in the law. Typical classification of civil right is the result of enacted law in continental legal system in because case law is in a leading place in common law system, there is no civil right system in common law system. Typical classification of civil right benefit the integrity and application of legal system, make law easy for general person to understand and gasp and has the function of reducing the cost of deal. Typical classification of civil right has disadvantage too. Concentrating on the civil right type which is clearly provided by law lead to inflexibility and make civil right which is not contained in such typical classification hard to be protected considerately. If we don't classify civil right judge can decide whether a right should be protected or not according to principle of civil law and public policy and balance of interest and be free from the limitation of enacted law. The demerits for the protection of civil rights are to some degree relying on the consciousness of judges, the deficiency of judges grace and integrity will endanger...
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