Study On The System Of Civil Legal Interests

The word Legal Interests is a concept which came into being and began to be used by some German scholars, including Michael Birnbaum in 1830, objectively, it means the life interests of the people who may be inclined to suffer from infringements and threatening, and it is protected by law according to the basic principle of Constitution. As our country is under the civil law system during which the rationalism is prevailed, on the legislative aspect, it means expressing the excessive worship and respect to code of law, considering that only if through the rational effort, a perfect code of law without defects could be designed, only judges who depend on the applicable law mechanically can avoid the abuse of discretion power. However, not all the rights could be classified by law due to the variety of social life, which results in existing rights evitable that are not being defined and justified by law, but currently or in the future it should be done. Because such interests have not been endowed with name of right by lawmaker, protection from law cannot be gained, which leads to inequality.In the thesis, four aspects on civil legal interests will be analyzed and explained from its general theory, type and protection.In part-1, general theory of civil legal interests will be analyzed mainly. First of all, the connotation of civil legal interests, the genesis and characteristic of legal interests and the relations between civil legal interests and rights and interests will be analyzed.The types of civil legal interests will be mainly analyzed in part-2. Firstly, important ideas about definition for nature of civil legal interests with personality and the legal interests'definition of general right of personality and its practice significance will be analyzed. Secondly, the occupation and natural obligation in property civil legal interests will be analyzed. Finally, the embryos'interests in mixed civil legal interests including personal interests, identity interests, property interests and legitimate interests will be analyzed.The protection for legal interests of civil law and tort law will be analyzed and expounded mainly in part-3. Firstly, the foundation of legal protection for civil legal interests will be analyzed. Secondly, from the point of view of setting up infrastructural articles for legislative purposes between the protection for legal interests of civil law and tort law, and optional angles of legislative models to general clause of tort law will be analyzed.The protection for civil legal interests will be analyzed and expounded mainly in part-4. Firstly, legislative confirmation and judicial remedy in the way of legal protection for civil legal interests will be analyzed and expounded mainly. Finally, it can be analyzed from the view of legislation on the protection for civil legal interests in our country.