On Legal Protection Of Civil Legal Interest

Civil right is an important mechanism in civil law. Some significant interests of people's life is clearly declared and secure in law because of its existence. But the significant interests of people's life might not be fully protected by law only through the mechanism of civil right. Actual life requires us to pay close attention to another legal mechanism——civil legal interest. The author expounds what civil legal interest is, why civil legal interest should be protected and how to protect civil interest.Civil legal interests are private rights that should be protected less weakly than civil right by law according to the inference of law or the universal social ideas though they has not been named with civil right in law. Civil legal interest is characterized with obscurity and gradation. It's being can be inferred from law and can be affirmed by some ethics and customs. It is the internal basis of legal protection of civil legal interest that the content of civil legal interests which civil subject enjoys is just. The society with standard of person is the outer surroundings of legal protection of civil legal interest. It is the fundamental reason of legal protection of civil legal interest to guarantee the realization of substantial justice. General clause of tort law in the countries of the continental law system is the basis of claim of judicial remedy of civil legal interest. There are two ways to protect civil legal interest with judicial remedy and legislative affirmation. Judicial remedy is the main way to protect it. It is the basic guarantee of judicial remedy of civil legal interest to use the method of legal fiction or the method of equity and to exercise the right of discretion. Legislative affirmation is that the part of civil legal interest that have universal justness and have been universally accepted by social ideas are named with civil right and brought into the system of civil right by legislation with definite statute regulations. The combination of judicial remedy and legislative can get to the goal of legal protection of civil legal interest.