The New Development Of The Principle Of Prohibition Of Abusing Rights In Modern Society

Each person who owns rights always wants to exercise right thoroughly. This behavior may lead to abuse rights easily. At the same time, doing like this may violate other people's rights. So, the principle of the prohibition of abusing rights came into start up. Along with the change of concept towards the rights, the principle of forbidding abuse of rights had some new developments. But in our country, the principle hasn't been given due attention. On the basis of the discussion to new developments of the principle of prohibition of abuse of rights, this text try to put forward some measures to improve the principle of the prohibition of abusing rights in our country.In addition to the preface and the conclusion, this text has four parts.The first part describes the specific performance of the new development of the principle of the prohibition of abusing rights. First, along with the change of Roman law to modern law, the principle of the prohibition of abusing rights develops from a general concept of law to an applicable standard of judicial precedent, and finally it develops to a basic principle of Statute. Second, every principle of law has its function. Principles of law have on the function and effectiveness of social benefit. the principle of the prohibition of abusing rights plays an important role in department of the statute, apart from it having the general function of basic principle of civil law, also because it has its own unique features. Third, the principle of the prohibition of abusing rights has being applied to judicial practice increasingly. There are two cases in this paper.The second part analyzes the causes and trends of the principle of the prohibition of abusing rights in details. The law is the reflection of social life. Changes in legislation often have a similar performance: Usually first some kind of need appear in human social and economic life. Then the idea of philosophical thought appears timely doctrine, thereby affecting the legal person's thinking of turning the legal reflection, so judicial precedent of law theory appears a new weather, sooner or later leading to corresponding changes in legislation . Prohibition of abuse of rights principle is also with the socio-economic and cultural development .It is the social needs of right. Throughout the new development of the principle of prohibition of abuse of rights, this paper summarizes the trend of its development: The theory is mature gradually; bet stipulated in the law; the application of the principles themselves in need of legal control The third section discusses the prohibition of abuse of rights principle in our country. First of all, China has no express provision in the legislation against abuse of rights principle. Second, in judicial practice, there are many drawbacks in the applying the principle. For example, applying this principle may lead to the avoidance of specific of legal norms easily, make possible abuse of discretion, also may cause excessive restriction on the right.Fourth section discusses the outlook of the prohibition of abuse of rights principle in our country. In combination with the basis of the analysis of the third part, in order to perfect the prohibition of abuse of rights principle, this paper Proposes measures from the legal theory, legislative and judicial aspects. In the jurisprudence, we must first address the prohibition of abuse of rights principle of importance, followed by identifying the precision what is the abuse of rights. On legislation, the prohibition of abuse of rights principle must be expressly provided in the laws .In the administration of justice, we must apply the principle of prohibition of abuse of rights reasonably, by preventing the judge from the abuse of discretion and limiting use of the principle of prohibition of abuse of rights and noticing limit while applying.