Study On The Theory Of Prohibit Abuse Of Rights

In the face of the right era on the horizon, as responding, this article carried on overall and deep analysis to the theory of Prohibit Abuse of Rights. From the theory of Prohibit Abuse of Rights to various kinds of relevant legal relations, and then to the concrete legal operation. At last, discussed the situation of the theory of Prohibit Abuse of Rights in our country and the prospect that legislate in future. We expect that it will benefits the good development of right idea and right protection in civil society to some extent. This text divides into five parts and explains the relevant every aspects of the theory of Prohibit Abuse of Rights in detail. Following we will make the concrete introduction of it:The first part is the preface. Point out the era background of this article and meaning in era, and do well foreshadowing for the argumentation of the following chapters. This part proves mainly that we are stepping into the era of a right in vogue. In the society that rule of law, the legal right is influencing each corner of society, such as politics, economy, culture, etc. The second part Divide into four, carry on deep analysis of the theory of Prohibit Abuse of Rights. First of all, state the reason why the rights abuse is existed. In a society that rule of law, people always utilize the right that the law approves as the first-selected way to obtain wealth. Rights system, with unavoidable defects, offers to people the very kind system terms for them to abuse rights. In addition, complicated and changing society enables the abuse of rights to nearly become inevitably. Secondly, Explain the historical train of the theory of Prohibit Abuse of Rights. From Rome law via Middle Ages and then to non-monopoly capitalism period, the thought of Prohibit Abuse of Rights has been existed all the time, but it is on the edge of law in the position. The thought of mainstream of the law has been the idea not definitely restricted of the right all the time. Until monopoly capitalism begins to appear, Law Science of Right-Orientation begins to be substituted by Social-Orientation of law science. Prohibit Abuse of Rights develops and perfects gradually, and become a basic principles of the civil law. Thirdly, analyses the nature and function of Prohibit Abuse of Rights. On the basis of summarizing and analyze various kinds of theory, it is one kind independent malfeasance between Tort and exercising the right properly. It has it's own peculiar method to judge and handling problems, and limits the right from outside. On the function, summed up four roughly in this text: First, the functions that right ranges are made clearly; second, the functions that weaken the rigidity of rights; Third, the functions that make the morals require legally; Fourth, guide the legislative function. At last, based on the difference of the targets of the Abuse of Rights, It is divided into three kinds: First, the Abuse of Rights to the rights; Second, the Abuse of Rights to the interests; Third, the Abuse of Rights to the society. Combining the concrete case, the standard in the text amount to utilize economy, efficiency, morals, ethics, have analyzed problems of various fields of judging and deal with that the right abuse under different situations.The third part,discuss four legal relation problems that closely related with the theory of Prohibit Abuse of Rights .First is Right-Orientation and Social-Orientation. In this text we believes that Social-Orientation is development and perfection on protecting the foundation of individual rights over Right-Orientation. It requires that the law consider more and more long-term, while protecting the individual rights, and should pay attention to the balance between individual rights with others and social interests. It is not the reactionary to the Right-Orientation, and makes the individual rights become the dependency of the society need, but, stand on higher level, to protect the individual rights in development which faces the social environment. Secondary, Prohibit Abuse of Rights with Good...