Research On Legal Protection Of Civil Legal Interest

In civil law, right oriented mode of thinking is always occupies the important position. With the development and progress of human society, people’s living conditions for their own requirements are increasingly high, the new civil interests constantly, the content of civil right has not covered the various interests of the people involved. In this case, the civil rights in the civil law in the form of civil legal interest should be protected all lists is not realistic, this makes the legal protection to the generalized civil interest is random, dynamic, hierarchical. Those closely related to people’s lives is very important interests was established as the rights, protected by the law, those who failed to be established for the right of civil legal interest is not protected by law, but relative to the protection of right is weak, lack of corresponding, strong, long-lasting protection basis. Civil legal interests in this paper refers to not rise to civil rights, not to be stipulated in the civil rights, but should be punished by civil law to protect the interests.Tort liability law promulgated in China in2010, will be included in the scope of protection of civil legal interest, this is an important result of the development of civil law of our country, it is a sign of the progress of the law. This shows that at the national level and deepened the understanding degree of civil legal interest, strengthened the protection of the civil legal interests in the legal level. But for the legitimate interests of the protection of civil tort law is to protect the open, and there is no clear what is civil legal interest, nor on the civil rights and legitimate interests of different protection. Protection of civil legal interest of a certain arbitrariness. This paper uses comparative literature research method, research method, empirical analysis and other methods, analysis of the basic meaning of civil legal interests from the visual, multi dimension, studies how to carry on the legal protection of civil legal interest, to provide some constructive suggestions to strengthen legal protection validity of civil legal interests, provide some reference help for the construction of a harmonious society.The thesis consists of six parts:The first part is the introduction. Is mainly presented and significance analysis of the problem.The second part is the civil legal interest. This part is mainly an overview of civil legal interest from the meaning, characteristic and classification, the article will protect the interests of the civil law is divided into civil rights and other civil interests,"other civil interests" is different from the civil rights but also protected by the civil law, is classified in the right system, is a subject the law simply indirect protection level, the lower ranks of the civil interests. Compared with the civil rights, civil legal interests range is wide, classification and calibration difficult, dynamic variation characteristics of weak, judicial protection. In addition, the civil legal interest can have several classification:personality interests, property interests and mixed interest; actual benefit and expected benefit; the general interest and exclusive interests; tangible benefits and intangible benefits.The third part is the analysis of the status quo of China’s legislative and judicial protection of civil legal interest. The two aspect mainly from the legislative and judicial protection of the status quo and the civil legal interest protection explains the problems of the aims, the protection of civil legal interest point and breakthrough.The fourth part is the investigation of the legitimate interests of the foreign civil legislation and judicial protection. Comparative analysis of two legal systems, is conducive to China’s comprehensive use of advanced experience in other countries civil judicial protection of civil legal interest. Mainly from the comparison of French law, German law, Japanese law and common law provisions to protect the legitimate interests of the civil.The fifth part is the proposal for the legal protection of the legitimate interests of the our country civil. Mainly from the civil legal interests and rights of different protection, perfect judicial activism system, expand the scope of accepting cases of three, in order to protect the legitimate interest in civil, more effective and more.The sixth part is a conclusion. Describes the advantage and deficiency of civil law to protect the legitimate interests of meaning and the research of the problem.