The Real Right Legalization Principle’s Moderate

The real right legalization principle is that all about the rights,including the type of the rights and the contents of the rights,can be regulated only by law.Besides law, any regulations,administrative regulations,industry standard and so on can’t invent or change it. The real right legalization principle is accepted by most of the countries who own the civil law system.But with the development of the society, the type and the content of the right is becoming more and more various,more and more new rights can’t be included in the law.The stiff and lag of real right legalization principle is becoming more and more obvious.Based on this fact,some scholars point put that in order to solve this problem, we should abolish the real right legalization principle and give the party the right to create the rights.This paper is based on above problems,in the first part of the paper,l introduce the basic theory of the real right legalization principle,inf the real right legalization principle,including the conflict the meaning of the principle,the origin of the principle and so on;In the second part of the paper,I discuss the limitation between the principle and the autonomy and so on;ln the third part,Urinalyses the theoretical innovation and reform about the stiff and the lag of the principle in another countries;ln the last part, I combined the world advanced theory and the actual situation of our country and try to point out some advise about our country’s reform.