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An Analysis On The Fulfillment Issues Of Rights

Posted on:2006-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:F P TianFull Text:PDF
GTID:2166360242959682Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Legalization of rights doesn't means fulfillment of rights. To study the fulfillment issues of rights, it is based of the realizing condition of rights that "whether the right is has actually by the subject". In the real life, the exchange of mutual benefit is the basic way of the subject to fulfill rights. In the deal of rights, it is not the pure private affairs that the realization of right and its degree depend on the subjects' capability of rights. The environment of rights has great meaning to the realization of rights and its degree. It is not merely the foundational source of the basic resource of rights, but also the important factors that determine the cost size of rights and influence the benefit of rights. In the real world, the quality of capability and environment of rights depend on the market, but due to a government even more. The harmony of the market and the government is the essential way to improve the capability state of rights and build a good environment of rights. Fairness is mankind's eternal goal to pursue; benefit is the way to realize fairness. The process of realizing fairness is that individual, market, and government pursue benefit and balance constantly.The essay is divided into three parts. The first part analyzes the summary of fulfillment of rights. In this part, the writer expounds the basic connotation, the essential way, and the appraisal factor about the fulfillment of rights. The second part analyzes the subject factor of fulfillment of rights--Capability of rights. At first, the writer explains the meaning of capability of rights in the fulfillment of rights by two aspects that are influencing on rights with the demand of rights and the deal of rights. Then proceeds with reason why the capability of rights produced the differences, the writer analyzes the deficiency that the classical liberalism advocates to the theory which reduces the differences of capability, emphasizes that the reduction capability on the difference can not to be off government, and proposes the specific field and the concrete measures of government interference. The third part analyzes the exterior factors of fulfillment of rights—Environment of rights. At first, from two aspects of trade cost and exterior cost, the writer analyzes the influence by foundational environmental factor of rights to the fulfillment of rights and its the degree, for example, the supply condition of subsistence of production and livelihood, the condition of transportation, the information channel, and so on resources of rights, system of rights, mechanism of relief and protection of rights, etc. Furthermore, the writer proposes the measures on building a good environment of rights on three aspects that are the system formulation of rights, the supply of foundational resources of rights, the perfection of safeguard mechanism of rights.
Keywords/Search Tags:Fulfillment of rights, Capability of rights, Environment of rights, Cost of rights, Benefit of rights
PDF Full Text Request
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