The Research Of The Principle Of Prohibition On The Abuse Of Rights

Currently, Chinese people showed their crazy passion andenthusiasm for their own private rights. To better improve themselves andmaximum private interests, some Chinese people spared no efforts toexercise their private rights if possible, in the name of the absolute natureof the rights, even if it meant some kind of harm to the legitimate rightsand interests of others. To better balance the private interests of differentpersons, the application of the principle of prohibition on the abuse ofrights is quite necessary.This paper put forward the concept of prohibition on the abuse ofrights by means of a brief analysis of a court decision. Apart from thereference of prohibition on the abuse of rights, the author also pointed outsome important issues related to the abuse of rights, including theapplication of prohibition on the abuse of rights, how to judge the abuseof rights.Combined with the above-mentioned issues, the author gave a briefintroduction to the specific provisions and the practical application ofprohibition on the abuse of rights in some countries and regions of civil law system. After the introduction, the author selected ten court decisionsin China regarding the application of prohibition on the abuse of rightsand analyzed the judgment standard for the abuse of rights. By doing so,the author concluded and put forward the major problems existing in thepractices in courts of China regarding the application of the prohibitionon the abuse of rights.Based on the above-mentioned analysis, the author clearly putforward his judgment standard for the abuse of rights——exercisingprivate rights along with the purpose to harm the interests of others, orbenefited little from the exercise of the rights while causingoverwhelmingly great harm to others. The author further defined theelements of the abuse of rights and provided guidelines for theapplication of the principle of prohibition on the abuse of rights. Finally,the author expressed his ambition that the principle of prohibition on theabuse of rights shall play the role equal to the principle of good faith doesin the future civil code of PRC.