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Rights Of Appeal And Give Up

Posted on:2008-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:J TongFull Text:PDF
GTID:2206360215473213Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Confronting infringement of rights, people should choose suit or abandon? This is an issue which is not only right owners faced with, but also the public focused on. Various reasons are implied in different alternatives of rights. The shallow causes are psychological need, support strength of legal system and consideration of suit cost.But by further study, we can find that the tradition concepts of the idea of "filial duty", the idea of "family or clan's honor" and the idea of "honor elders" have great influence on choices made by right owners. We must respect their choices. From the progression of right evolution we know that rational choices would be of advantage to the realization and development of rights. Based on them, I try to use right owner's conduct of choosing right as a perspective, analyzing the backup reasons of different choices step by step. Ultimately, the deep causes which influence their conducts will be disclosed. By dissecting the reasons of choosing rights, I want to display the present status of people's right concepts and have a graft understanding of the great significant of right choice to its realization, so as to leading people to do rational choice, promoting the development of rights and paving the way for right time.The attempts of this paper is that to analyze the reasons behind the people's choices in turns form the spectrum of choice actions in a step-by-step approach then to uncover the closed factors of the right cultures that affecting the choices. So the conditions of the public's idea of rights and the meaning of the choices to the actualization of rights would be illustrated specifically in order to direct the choices they make, to promote the development of rights and to salute the ages of right by author's analyses.This paper is divided into following four parts:Part One focus on a certain case's discussion then bring forward the author's special aspect in studying the rights which are the different "choices" of rights.Part Two comes into the primary analyses of the "choices". The author reveals from the theory of demands with a psychological reasoning firstly. Then it transfer into the practice of legal system and the cost of lawsuit to find out the supports and affects that gives the simple reasons of the "choices". Part Three is further analyses of the "choices" in the angle of right's culture that combing the discussion of the case above to show the idea of "filial duty", the idea of "family or clan's honor" and the idea of "honor elders" which are deeply affecting the "choices" and to unfold the closed factors of the "choices".Part Four shows the author's point is that the people should respect everyone's choices of rights while direct themselves to make a rational "choice" through the analyses of the case and the relative theories of rights.
Keywords/Search Tags:Choice of Rights, Cultures of Rights, Filial Duty, Family's Honor, Honor Elders
PDF Full Text Request
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