The Research On The Right Of Bearing

The right of bearing is an important basic right owned by Chinese citizens, however, not only in the lawmaking but also in the law theory study, has the cognition of the right of bearing been so superficial yet, so this article intends to make a profound and exhaustive study. The train of thought of study shall be specific as follows.firstly,to analyze and study the right of bearing is under way from the legal theory in order to reply to such a question, which why the bearing can be a basic right by the people? Secondly, the author analyses and studies the content of the right of the bearing in order to reply to such a question, which what the right of bearing might be? Subsequently, the author analyses and studies how to realize the right of bearing?In the end, the author analyses and studies the legislative situation of right of bearing in china to reply to such a question, which is that how to perfect the lawmaking of right of bearing in our country?This article is divided into five parts, including about forty thousands words.The first part is about the legal theoretical analysis of the right of bearing. This part shall be specified from two aspects: the first is analysis of necessity of the right of bearing. Through the analysis of concept of right, the author argues the necessity of the right of bearing by the course of evolved form of the right of bearing; the second is about the argument about the legal nature of the right of bearing. To be beginning, the author introduces the standpoints of scholars in our country, such as"doctrine of constitution right""doctrine of civil right""doctrine of personal right"and so on. Then by the above analysis, the author points out that the right of bearing is original human right and is personal right by the feature of right.The second part is about the analysis of content of the right of bearing. This part shall be specified from three aspects. Firstly,the author introduces the right of bearing by international society and inspirations to china. Then the author introduces the research fruit by scholars in our country. Subsequently, by the above analysis, the author argues that the right of bearing shall include the following contents, such as the knowledge right of right of bearing, request right of bearing, and decision right of bearing. In the end, the author compares the right of bearing with the health right of bearing and points out that the two kinds of right are not only contracted but also distinguished, which corrects the wrong argument of some scholars in our country who has been thought the health right of bearing as one part of contents of the right of bearing.The third part is about the legal situation of the legislation and the analysis of realization facts of the right of bearing. This part shall be specified from three parts. Firstly, the author points out that to realize the right of bearing shall conform to such legal principles as"subject equality""meaning by oneself""public order and fine custom"and"being responsible for the children".Secondly,the author analyses the basic condition that one who shall realize the right of bearing should be qualified, such as"conforming to the laws and regulations of bearing".The forth part is about analysis of type of encroaching upon the right of bearing and relief. This part shall be specified from two parts. Firstly, the author introduces the legal cases about encroaching upon the right of bearing in life and concludes the fundamental type of the infringment.Then the author analyses the method of relief on the encroaching upon the right in details.The fifth part is about the thinking upon perfecting the legal system of the right of bearing .This part shall be specified from two aspects. To be beginning, based on the forceful laws and regulations on the bearing, the author introduces and analyses the legal situation of the legislation on the right of bearing, and subsequently points out the imperfection. Secondly, based on the above analysis, the author points out blueprint of perfecting the legislation on the right of bearing as follows: one is that people shall insist on that the right of bearing is civil right, and the right of bearing shall be regulated by the Family Law and Infringement Responsibility Law; another one is that people shall insist on the government's management on the activity of bearing, and the right of bearing shall also be regulated by the Plan of People and Bearing Law and Criminal Law.