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On The Limited Nature Of Right

Posted on:2020-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:J QuFull Text:PDF
GTID:2416330575455893Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Right is a significant constituent of law and the basic category of theoretical study of law.It is also a means that law enables people to satisfy their benefits and appeal in the era of rule of law.People’s awareness of rights has been improved,and the application of rights has gradually generalized.However,the awareness of the limited nature of right is still not profound,caused many problems.It can given a profound understanding of the limited nature of right by studying the connotation,the foundation and the content of the limited nature of right.The paper focus on the analysis of the basis of the limited nature of right for seeking beneficial conclusions and comprehension to propose new ideas and suggestions on the system and behavior of solving the related problems.The full text is divided into five parts.The first chapter briefly introduces the purpose and the significance of the research,the current situation of domestic and foreign research,the research methods applicated in the writing process,and summarizes the innovation points of the article.The second chapter analyses the concept and connotation of the limited nature of right,and interprets the relevant legal theory of limited nature of right in order to be the basis for a profound understanding and interpretation of the limited nature of right.The third chapter will justify the limited nature of right from different perspectives.It justify the limited nature from the relativity and contradiction of things in philosophical perspective.In the internal perspective of right,it analyses the limited nature from the aspects of interest scarcity,the equal value of rights,the limitation of subject and the obligation relevance of right based on the rules of the internal factors of right.In the external perspective of right,it justify the limited nature from the decisive function of social material basis and the restriction of power and morality.The ultimate source of the limited nature is the common result of the inherent rules of right and the restriction of external things.The fourth chapter analyses the content of the limitation of right.The content includes the limitation of right itselves and the limitation between right and external things.The limitation of right itself is the limitation of quality and quantity.The external limitation of right is manifested by the boundary between rights and the boundary between right andpower.The content and determination method of the rights boundary and the boundary between right and powers are analysed.This part explores the boundary of the limited scope of right,and draws a specific outline and territory for the limited nature of right.The fifth chapter provides new ideas and suggestions for solving related right problems based on the foundation and content framework of limited right according to causality.The limited nature of right requires protection of right.It requires a reasonable arrangement of the relationship between right and power in the legal system,including reasonable regulation of power and consideration of public interest.The limit nature of right also requires that right should be well exercised.This part focus on the aspects of perfecting the right system and promoting the reasonable behavior of the subject,and put forward the corresponding system and behavior suggestions based on the conclusion of analyzing the source of the limited nature of right.
Keywords/Search Tags:Right, The limited nature of right, Right boundary, Power, Reasonable right exertion
PDF Full Text Request
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