Logical Analysis Of The Structure Of Civil Rights

Although the civil law firmly adhere to the viewpoint of “standard of right”, the research of civil rights, especially the structure of them, is far from enough, and at least, lack of a wide range of consistency. Just as Hohfeld says, one of the greatest hindrances to the clear understanding, the incisive statement, and the true solution of legal problems frequently arises from the express or tacit assumption that all legal relations may be reduced to “rights” and “duties”. To clarify the usage of the concept of civil right, the key to the question is to analyze the logic structure of civil rights. Therefore, the paper is to attempt to analyze the logic structure of civil rights.The type and system of civil rights is more focused, and it is lack of research of the logic structure of civil rights, the reason of which is that the right theory of civil law system relies on legal thought of subject and object and the legal methods of abstract concept cause rights materialization, so rights theory is difficult to get rid of the influence of the object dimension, and there is not the real analysis of right itself. The generic theory of rights is the classical theory of common law system. Hohfeld analyzed thoroughly the fundamental legal conceptions, especially the right conceptions, from the perspective of formal logic, and formed the delicate theory of rights based formal logic. Through the analysis of the conception "property rights", the theory shows its thoroughness and validity, but the theory is so dependent on formal logic that it can apply to all areas of rights, and thus it is lack of pertinence for civil rights. Through the analysis of the right theories of Anglo-American law system and the continental law system, their analysis method is very different. Civil law rights theory stresses rights materialization, namely bundled together around the object; the theory of Hohfeld completely restores rights and legal relationship by means of formal logic. Therefore, this thesis tries to research a new theory of the logic structure of civil rights between “subject and object” thinking and formal logic. It essentially belongs to the category of logic, but not a purely formal logic. Type methods are used to analyzing the logic structure of civil rights, with the hierarchical thinking that contains the right purpose and effect level.it analyzes the relations between creditor’s rights and property rights in civil code, and comes to a conclusion that the division using the abstraction method standard can’t be perfect, because they may have the common structure of rights, which mainly depends on the property statutory principle. The loose of the property statutory principle will inevitably cause the change of the legal rules, and it appears the right rules and the changing rules of them.This thesis analyses the logic structure of civil rights mainly using the method of typologically analysis that throughout the whole research of the selected topic. This thesis analyses the history of the structure of rights mainly using the method of historical analysis.