The Law Research Of Prohibition Against Civil Right Abuses

The right is the root and important problem of civil law. The right makes person, equal, be guaranteed. The right is tool of establishing society cooperation system. The right establishes to have the particular value necessarily, having its boundary. The prohibition against right abuses is to use to limit, but to protection right.In this thesis, by using the history ,comparative with the investigative mothod in substantial evidence. first analyzed the juristic act of right and right abuses. Based on the Chinese actual conditions we put forward some civil legislative suggestions of The prohibition against right abuses.This thesis is divided into three chapters.In this chapter, we analysis the theories of prohibition against right abuse. This chapter is divided into four section. First we from the historical angle elucidation the prohibition against right abuses the origins, development regulation, manage pure prohibition against the history that right abuse development progress. Combined to clarify the right from the analytic angle in righteousness in language with the prohibition against the logic relation that right abuse. The right abuses to be used as with the prohibition against right law tool contain its particular and social function.In this chapter, we discussion law result and the standard of right abuses. The prohibition against right abuses the conduct and actions general law item, content with postpone outside all not clear and definite. The theories field tallies up successively the 6: host and guest view etc. aspect affirms the important item. The prohibition against right abuses to be used as the behavior norm and judge the norm to represent the certain law result by all means. Seeing from the attitude of the reasonableness lawgiver, it is lawgiver a behavior for opposing that right abuse. The law result is a kind of result of the disadvantage. These results is: A, right expiration; Two, limit, deprive the rights; Three, the behavior is invalid; Four, indemnity.In this chapter, we discussion the civil case lawmaking of prohibition against right abuses. Civil law is called " right method". Seeing from this meaning, choosing the prohibition against angle of view in civil law conduct and actions research that right abuse is the most fitting. The prohibition against right abuses in the position in the civil law. Compared Taiwanese region in Korea, Switzerland, Germany, our country and our countries to abuse the lawmaking gains or losses of the principle concerning the prohibition against right. Put forward the lawmaking suggestion.