The Theoretical Study Of "legal Personality" Since Modern Times In The West

Purpose of this study is based on the evolution of modern Western thinking to inspect the rule of law, legal rights and to explore and reveal the concept of Legal Right Personality. In research perspectives and methods of "Legal Right personality", the main classical legal right thoughts of the four countries, the United Kingdom, France, Germany, the United States, have been studied to explore and to discover these special ideas, then to explore the common in them.This study is to reveal the logical process of the legal right theory. Concept of legal right of personality and its ancient being; limit the power for legal right under the concept of personality-British style; Anti-authoritarian, seeking equal legal rights theory of personality-France style; Freedom and recognition of the coexistence theory German style; The system of justice and equality under the law the right to freedom of personal philosophy-American style; The basic idea throughout this process is that all people should enjoy universal equal and free personality, and rights of equality and freedom personality are expressed and protected by the law. Everyone in law should be seen as person with equal right and freedom, any person's legal rights have been the equal protection of the law, this legal right personality should be regarded as the fundamental spirit of the rule of law and the highest principle. The core of "Legal right personality" is that each has an equal right and freedom, and this means not only can the law been explicitly expressed, but also can been effectively maintained by the force of law. The legal right personality is the base of the modern rule of law.