Rights Of Status Basic Theory Research

Rights of status are important component of the personal rights system in civil law ,as to it's study to have the very strong theories meaning, realistic meaning and very high challenges.Currently,there are various voices in educational circles to the concept of rights of status in modern and the development inclines. These thories have mang profound insight, but most of them did not deeply analytical the back factors that rights of status variety. To the legal theory foundation of rights of status and the value pursues did not enough system researchs. These can't announce to public the true facial expression of rights of status in modern and worth fixed position of the reasonables.This article from four parts is elaborated proper meaning about modern rights of status in civil law, the rights of status from historical development's angle in the modern development, the legal principle theory of law foundation about rights of status, thus establishes in the system of the rights of modern status and the protection way according to the author intention .The first part, the conceptual analysis of the rights of status, this text commences from the concept of rights of status, the rights meaning through the analysis to the existing rights of status definition and combine the identity to appear rights of status should be the rights according to the relatives body.The second part, the historical development the rights of status. After that making sure meaning of rights of status at the angle , writer try to show the process of new feature of the rights of status from history development, rights of status evolves to the modern meaning, a variety researchs in the different periods about identity with original meaning right of different history. By research and system to the originate of rights of status in ancient period, improvements in Room period and development in near modern times, writer get the conclusion that the traditional parent's power has already perish, that equal rights of spouse replaces to the man power particularly, the relatives rights has already appear, the property that the law of parental rights takes place the conclusion that basic change already. As this kind of huge variety of rights of status, that cause many rifts of rights of status theories. It become inevitable that writer reserchs deeply legal theroy foundation of rights of status and value tendency.The third part, the legal principle theory of law foundation about the rights of status in modern civil law. The parts that legal theory foundation about the rights of status, writer analyzed the blood relationship as a inside the motive of the rights of starus made a strong moral foundation for the theories of the rights of modern status and deep value claim of solid ethics. And by the theories study to the traditional natural method and two natural method stages of new natural method from the natural method angle of view, writer thinks that , on the other hand modern civil law the subjust is limited in the blood relationship and kin by marriages relation of relatives member inside(the contents can not extend the relatives outside) is match to basic and sacred of natural. On the other hand the new natural method admit diverse doctrine, this made the natural principle become the necessarily of the political law value content and found out value content of the modern for the traditional nature of rights of modern status. Not only the spread of rights of status theories accept the basis, but also this makes the new system position according to the right of status of the blood relationship and kin by marriage. Moreover, the evaluation and mode of thinkings of the new natural method can interpret explaining rights of modern status and the rationality on the meaning of fulfillment from the blood relationship by marriage.The fourth part, the system's construction of the rights of status in modern civil law. Writer gave the system of the right of modern status in civil law according writer intention. The structure of that system due to the subject of status,the object of status,the substance of status,the basic classification of rights of status in modern civil law and the protectsof rights of status five parts to constitute in the modern civil law. Insisting the blood relationship and kin by marriages relates to absolutly check and supervision to rights of status.Through the above research, the text completed the demonstration of a theories with basic rights of modern status. It is benefit for the theoretical reserch the rights of status that writer hopes.