On The Protection To Status Right In Civil Law

Whether the status right is the right of relative? Along with the development of research, there is more and more attention to the status right. This article is for the purpose of solving the problem, such as the development of the regulative objective of Civil Law, Maine's judgment that"from status to contract", the transformation of modern civil law, the development tendency of the civil person, legislation on the labor law, the new judgment that"from contract to status". Through considering these questions, this article analyzes the meaning of status, defines status right. Based on the need of practice, the author designs the concrete protection system about status right.There are about forty thousands words in the paper. It is divided into three parts. That is prelude, body and postscript. Starting it as follows now:The prelude is introduction. This part accepts the regulative objective of Civil Law as personal relation and property relation between equal civil persons. And the question of the status is proposed. The part also shows present research situation in domestic and abroad, analyzes the goal of research.The body is divided into four following parts:Part one: on status. From the narrow sense to the wide meaning, from the sociological meaning to the meaning in Civil Law, there are different in the angle of definition. The meaning of status is different among in the ancient Roman law, the law in middle centuries, in modern Civil law. In the process of equalizing the concept of status, it also makes status enter private law, then status right products. So the meaning of status must be connected with status right .It only refers to relative.Part two: defining the meaning of status right. As is stated above, the part defines the meaning of status right. The status right means the natural person has a series of rights, based on the personal relations, without regard to the property rights. Correspondingly, the extension of status right can be defined. It includes spouse right, parent's right, relative right, right of guardianship. Then the characteristic of Status right which is ethics value and special nature decides the nature of the protection system.Part three: the protection system of status right in Civil Law. The protection system of status right in Civil Law is closely connected with civil action. Also the lawsuit takes the civil right as the basis. However, the protection system of status right in the present Civil Law in our country has many flaws. So, there are inevitable to deal with these flaws in Civil Law. The status right has ethics value and special nature, so there are essential to protect status right .So we must design the protection system of status right at two aspects. On the one hand, we should be clearly stipulated various kinds of status right. On the other hand, we must provide the complete relief system for the status right. The author attempts to construct two individual departments, which are claim of status right and claim of infringing on status right. They compose the integrity relief system. So we can realize the goal of protecting status right.Part four: Establishing the protection system of status right influences the structure of Civil Code. Because the author redesigns the system of status right, there is great influence to the structure of Civil Code. Based on analysis above, the author redesigns the structure of "the Relative Law" in the Civil Code in the further. Postscript is conclusion. The paper is summarized. The theory comes from practice, and instructs practice. Establishing the protection system of status right needs to examine through practice. It is necessary to make the regulation alive. Then the system is consummated. When it had formed good circulation,it would be the best mechanism to protect status right.