On The Protection To Status Right In Modern Civil Law

In the sense of modern civil law, status right has its independent connotation andvalue, so strengthening the protection of the status right in the sense of modern civillaw is very necessary. In the sense of modern civil law, status right means that civilmain body is based on certain relationship and status position and enjoys the rights. Itconcretely involves the status right in the Family law, and the status right out of theFamily law. The status right in the Family law mainly includes the right of spouse,paternity and relative; The status right out of the Family law mainly includes the rightof custody, works person and the right of honor and membership and other rights. Thisis not only different from the status right in the traditional civil law, but also isdifferent from the other civil rights. At the same time, strengthening the protection ofthe status right is the premise of rights’ carrying out, and the premise of relief of therights’ violations. Also there is need to unify the content of the status right of civilcode and the Commercial law. At present our country has not set up the completesystem of the status right. The system of the status right in modern civil law shallinclude three parts: the subject of the status right, the content of the right, the objectof the right. As the era of progress and development, and the meaning of status rightchanging, the subject and object are produced great change. In the modern civil law,the main body of the status right not only includes natural person, but also legalperson; The object of status right is no longer limited to certain identity or identityinterests. In modern civil law sense, the object of status right is complex and multiple,including person, content, intellectual achievements and certain behaviors. At presentin our country, the relevant regulations and laws about the protection of the statusright are very few and lack of systematic. As the subjectivity right, it should not be soneglected. In order to adapt to the need of practice, we must improve the relevantlegislation system of the protection of the status right as soon as possible, andexpressly set the specific content of the status right, and confirm the status rightinfringement claims, and improve the spiritual damage compensation system of thestatus right. So that we can get effective legal relief when the status right is infringedand it can maintain social stability and promote the whole society harmony anddevelopment.