On Legal Interest In Civil Law And Its Protection

Civil law is the law on right. The constitution of the system of the civil law is with the core of the enactment and protection of right. The purpose for the construction of various system of civil law is to define and protect the rights. Yet, due to the complexity and multiplicity of the interest relation in the community, not all the interest relation can be adjusted by law. Though, nowadays, there is relatively consummate right protection system, there is no verdict on whether the various social relations that has not been brought into the adjustment spectrum of the law criterion should be protected, or the law is localized to protect the civil right. Therefore, the problem of legal interest emerges as the times require. As human nature is angling after profit, the conflict of the benefits makes the intervention of law necessary. Legal interest is namely rooting from the balancing of the interest. The status of legal interest in civil law is rather special. It established the foundation of the entire private law system. Yet it is only negatively protected in civil law. These negatively protected methods are only the legal interest protection on civil law basis principle, on civil law hermeneutic andon law of tort. And in the judicatory fulfillment, it is extremely weak and impotent. Thus the thesis is trying to study the basic theoretical problem, the actuality of legal interest in civil law and the protection on judicatory fulfillment of legal interest, seeking a reasonable approach to legal interest in civil law in law theory studying, lawmaking and judicatory, that is, legalinterest of civil law fountain, legal interest protection of the personality right system in civil code, legal interest protection of public order and good custom, legal interest protection of the instauration of correlation article in law of tort, legal interest protection of the civil judicatory.