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Right To Honor And Its Realization Of Mechanism

Posted on:2019-12-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:M J RuanFull Text:PDF
GTID:1366330596961984Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Honor has the function of motivation,behavior guidance and value integration.As an important carrier and expression of honor,honorary title can reflect the status of achievement of honor.However,the excessive honorary title indicates that honor was in trouble.The current academic research on honor and its essence is derived from existing legal provisions and honor systems,and it is believed that honor is the means by which the state controls.This kind of understanding is a departure from the inherent quality of honor,and it is impossible to break the honor out of the existing predicament.To rebuild the honor system,it is necessary to clarify the inherent qualities and laws of honor and recognize that the essence of honor is to serve the individual,is an important source of personal initiative,is an important way for individuals to achieve self,and is by no means the vassal and tool of state power.Under this premise,the public dimension of the honor system is constructed and the right attributes of honor are clarified so that the nature of honor can be returned.Judging from the attribute of the right of honor,the existing research is mainly confined to civil law academic circles,mainly focusing on the dispute of independence of the right of honor or the dispute of identity rights or personality rights.In fact,to recognize the right to honor,it is still necessary to clarify its relationship with identity and dignity.Identity may be considered as a result of imposed social roles and status.Although identity has different connotations with the development of the times,honor has a deeper foundation in human nature and can integrate changes in personal identity,it's from the individual's actions and qualities.This means that honor enables one to decide what kind of behavior or method they use to preserve his nature,to gain recognition from others.Based on this recognition,they get satisfaction from spirit to material aspects.This has led to the link between honor and the core value of modern law-basedium:the principle of "human dignity",which has the dual attributes of "the free development dimension of personality" and "the public dimension of personality development." This is consistent with the inherent quality of honor.The inherent quality of honor can actually be regarded as the embodiment of two dimensions of "human dignity" in the microscopic social life scene.In China,the practice of honor presupposes that the concept of honor is a truism.However,the problems arose in practice indicates that the main issue still falls on the clarification of concept.This essay tries to answer the question"what is honor" by teasing out the composition of existing concepts of honor.The existing theories of honor concept isolate legal norms from practice of honor,and emphasize either formality or authority,or the combination of both,while exclude ideality.The foregoing understanding may hollow the concept of honor and incapacitate it,which has been turned out in reality.As a result,the sense of honor should be included in the concept of honor as a key part.
Keywords/Search Tags:honor, right to honor, realization of right
PDF Full Text Request
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