On The Concept Of China's Private Rights In The Context Of Globalization

Rights are the foundation and vehicle of civil law system. Establishment of a civil law system with axes of rights and with respect for rights are the ultimate targets of civil law idea system. The establishment rises right of private power principle, for guide civil code to create to make, grow private French to turn etc, has important meaning. It is due to the lack of the concept of "private rights" since ancient China, it is still not deeply rooted in Chinese people's mind to enjoy and protect private rights, although to acknowledge and protect people's private rights had been constinationalized since establishment of new China. In addition, implantation of some concepts from western countries only provides some accessories for the systems.Under the circumstances of globalization, relationship between law and rights derived from economic development makes it more urgent to construct a private right idea system with rights as the central point. This dissertation firstly elaborates the economic, political and cultural phenomena brought in by globalization, and its effect over laws, based on a globalization background. This dissertation also tries to define the concept and position of rights in the new historic conditions. Secondly, impact on China's private rights made by complicated social factors is also being explained, for the purpose of carrying forward the positive factors while avoiding the negative factors. Through observing the different models of thinking and internal mechanisms of setting up private rights between China's law system under the globalization, this dissertation not only tries to elaborate the specific embodiment of private rights in different laws, but also attempts to find theoretic foundation for civil law code and new ideas to be seasoned with social development. By formulating and analyzing private rights, it is expected principles such as freedom, equality, fairness, sanctity of private rights and autonomy of private rights can be drawn in from western countries, it is also expected that with the development of globalization private rights will be rooted in people's mind as legal beliefs and mental conceptualization. It is hoping to establish "people oriented", "rights centered" sense of rights, and eventually push for the complete establishment of China's private rights idea system and building up of sense of rights for social principle.