Prohibits The Abuse Of Rights Principle

It is eternal experience that all persons who have rights are likely to abuse their rights. Because any rights prescription is to make a regulation in principle. It just makes people's behavior in a certain range, but does not specify how right subjects can enforce their rights to realize the content of rights. This makes space for obligees to abuse their rights, so abuse of rights becomes inevitable. Nowadays, China is in market economy shift period, legal system of market economy is not complete yet and people have not fostered correct rights idea yet, thus, abuse of rights in real life happens at times, and it seriously interferes in ordered operation of market economy and retards the progress of reform and opening in China. Therefore, so far as China legislation is concerned, it undoubtedly has great real significance to research principle of rights abuse prohibition, learn from and absorb abroad legislation experience and prejudication theory about this principle.On the theoretical base of definition of rights abuse prohibition principle, from analyse of its advantages and disadvantages, this thesis tries to discuss the positive and negative value and conflict of its presence, discuss thoughts caused by this conflict, and discuss how to regulate potential crisis of rights abuse prohibition principle to realize its real coordination of rights distribution and maintain fair and justicial value.Charpter one mainly introduces the meaning of abuse of privilege and the history of principal of prohibition of abusing privilege.Chapter two explains the theroy of abusing privilege and expatiate the explanation of concept of abusing privilege in law theory and introduce the relationship between concept of abusing privilege and other civil law. In chapter three, other countries' legislation of prohibition of abusing privilege will be presented from three aspects, namely French legislation, Korean legislation and Chinese legislation. The content of Chapter four is regarding the issues of business contract in China, which will be mainly expatiated from two aspects, distupe of abusing privilege and issue of legisation as well as perfecting correlation law. Chapter Five is a summary to expatiate the views and opinion and make a conclusion about prohibition of abusing privilege.