Request The Right Type Of Research

In this article the author deeply analyses traditional classification,formation causes and defects of petition right with studying method of historical law science ,analytical law science and comparative law science.According to the purpose or quality of right remedies,petition right should be classified preventive right,recoverable right and compensatory right.The classification has important significance about studying theory of civil right structure and civil litigation, establishing scientific system of petition right.so the author puts forward anothor idea of building right protection system of china civil code on the basis of this classification.The article altogether divides into four parts, approximately 40,000 charactres.Part one is mainly about traditional classification of petition right and its shortcomings. Firstly,it introduces classification of petition right on the traditional legislation and theory, and induces its foundmental peculiarityxlassifying petition right according to substance right.Secondly,it analyses historical,theoretical and legislational reason of the classification. In the last,the traditional ciassification has three chief defects:lcking theoretical abstraction and real value;being divorced from right of action;making mess of theory on civil liability.In part two,a new classification of petition right is talked with more words,which is the main creative place also.Petition right is not inevitable power of right,not civil right and right of action in procedure.It should be a kind of remedy right.Supporting this foundmental theory,petition right should be classified preventive right,recoverable right and compensatory right.Three kind of rights have different contents,constructional elements,effects and relationships with action.Virtually,they include all methods of remedying civil right in the conditions of right being encroached or threatened.Part three expatriates on the sense or value which classifing three kind of petition right have in remedy right.Firstly,it puts farward a new angel of view that research right structure from static condition to action.Three kind of petition right contrast with threedifferent right structure particularly.This help us distinguish the meaning of civil liability from civil obligation,determine principle and constructional elements of civil liability and define tort and its consequence in law.Secondly,it help us interpret the theory about confirmation, alteration of action and their right of action.lt has active signafiance to perfect the instiuation and theory of behavior holding.Thirdly,it can establish a scientific,complete and distint system of petition right.Part four is about some enlightenments that the ciassification help us establish right protection system in China Civil Code.On the basis of introducing,comparing and appraising merits and shortcomings of right protection system about civil law tradition country code, China Genaral Civil Legal Regualations and three civil law draft,according to the new classification theory,the author thinks that one part for right remedy should be stipulated in China Civil Code.In this part,concept and methods of right remedy,three kind of petition right and tort must be specified,so that a more scientific,complete and reasonable right protection system would be formed.