Civil Subject Rights Capacity Study

The article has four parts. Section One The Concept of Capacity of Rights. Through researching historical and social materials , the article develops an ideology on law and state. State controls government forces absolutely i~ a country Law are declarations which are a set of promises made by a state about how to use government forces. Private rights give persons rights to claim the state to protect their individual interests. In this sense, capacity of rights justify persons?qualification to enjoy those private rights. Section Two Research on the Theory Foundation of Capacity of Rights. Capacity of rights of natural person derived iioni 揚ersonalita?in ancient Roman law. Under the Roman law persons in different classes had various 揚ersonalita? In modern society , however, the natural law school gave the concept of擯ersonatita?some sense of equality . Finally, Savigny raised and began to use the concept of 揅apacity of Rights?. This concept was a result of the great development of modern legal technology. Section Three Research on the Economical and Social Foundation of the Capacity of Rights. Through studying the history of law, we can find a fact that the foundation of capacity of rights is a special economical and social structure Capacity of rights means the independence of a private person, including natural person and legal person. This legal independence was the reflection of economical and social independence. Through capacity of m ights, a person becomes a formal member of a civil society Section four The Relation between Capacity of Rights and Revolution of Human. Civil law is human law. The rules about capacity of rights construct a model of a civilized and reasonable person in civil society. This model is the goal of the revolution of human. The infinite development of human and society will develop this model correspondingly...