The New Idea For Object Of Right In Law Philosophy

The object of right considered to be the composing main factor of right, performances the function of dividing the type of right, defining the scope of right execution, and playing a critical role in the law system. The traditional theories of right object deemed that things were the body of rights, based on the history foundation that things were the social main property. However, the informationlized society and the development of the market economy have changed the forms of social property. The traditional idea that the useful things were the property has been being subjected to challenge. In the law-based society, the property is the law relation, and various rights that belong to the subject. The legal system and the guarantee of the national strong dint are the foundation of the social economic circulation.The German civil law taking orders the Kantism, don't pay attention to the ontology foundation of a body, so now, when facing to the social history change, the law of our country though deeply affected by the continent law system, are not content that German jurist treat abstract ideas, such as the right and law position and so on as the solution to the object, but trace back to the origin of the world under the subconscious of materialism, and insist that material entity is the object of rights. All of these come to a decision that the law theories of our nation should build up on the foundation of the philosophy of our own.But the Marxist philosophy think, the law is the means that the mankind subconsciously using to adjusting themselves in the practical activities, and is hinge system in the social communication practice, and the subject and the object are the same ones of law relationship. Communication practice is the dual structure of" subject- object- subject",the material entity considered to the medium object is the goal of right. The social object is one type of objects divided from communication practice. The object of the law relationship belongs to a social object, is the mankind's practical activity, and is a behavior. The thing is an object, hence the object of right law relationship is dual structural.Current types of right come from the types of behavior, especially the four basic elements of right analyzed by Hohfeld, which make an overall analysis on...