On Private Rights And It's Legal System

civil law in our country, realizing the nature of private rights and making the systemof private rights open and integrated, are significant to the modernity andadvancement of the code. At present, coexisting structure of right is formed. Privaterights, social rights, basic rights coexist with each other. Traditionaly, rights , regardedas corelatives of law, are based on the theory of will that deems individual as atom.The purpose of atomic theory is to demonstrate the subjectivity of individual. This canexplain the generality of rights, but can't explain the difference and speciality amongthe rights in the structure, or may ignor the characteristics of privates rights.Futhermore, this can also absorb what not belongs to private rights and expand theextent of privat rights inappropriately. Therefore, we introduce relation dimension tothe traditional views about the nature of private right, to cover the shortage. Wedefined private rights as the free will range among private parties in order to protectthe interests of individual, with the power given by law.The elements and nature of private rights are closely related to each other. Natureis to determine the premise of the elements. Elements are fabric of private rights. Inaddition, elements are the basis for system construction. Elements are divided intotwo types, internals and externals. The external factors includ "subject" and "object",while internal elements include "free will", "interests" and "the power of the law".Based on elements, we can use different methods to classify private rights. But thatcan not be taken as mature systemaltization. There are some problems with thisprimary division. First, the logical relationship between each method has not yet beenclear. Second, these isolated dividing methods, only provide framework ofsystemaltization and can not be regarded as the stable system of private rights.Different approach could be applied to system construction.They correlate with each other.Some of them are used to form the external dimension of system,which islogical and definite but not flexible.While the others are designed to configurate theinteranl dimension,which involves valuation and can make up the deficiency of theexternal one. Real systemaltization needs a combination of various approach. Atpresent, the classification of private rights in line with the elements, is on the primarystage of systemaltization .The relationship between each kind of dividion is not clear.In order to get a flexible system, at first, we should look at the interanl dimension, thatis, concentrate on needs of individual, and form a spectrum of typical rights involingpersonality, identity and property with other untypical ones.Then we ought to turn tothe external dimension of the system, namely, a unified tectonic model, to integrateprivate rights and clarify the relationship among different elments. The tectonic modelconsists of structure, form, levels and carrier. The interanl dimension can maintain thesystem open and flexible, and the external dimension can ensure private rights as anorganic whole.The value of integrating, elasticating and systematizing of private rights is toguide codification. General part and specific parts constitute Civil code. The generalpart should regulate the general term of basic private rights and the types of legalpower of private rights, to ensure the openness and adaptability of civil law. But thispart should not enumerate specific private rights with the criteria of object. Thespecific parts should consider the following issues from legislation technologicalperspective. First, What kind of private rights can be integrated into the specific parts.Second, how to order the private rights which are absorbed into the specific parts.Third, how to connect the private rights that outside the specific parts to the civilcode.