The Principle Of Prohibiting Abuse Of Rights Is Applicable To Judicial Practice The Empirical Research

With the increasing awareness of citizens' rights,conflicts between individual rights and others' rights and even social public interests are very likely to occur in the process of their pursuit of interests maximization.Therefore,the "theory of prohibiting abuse of rights" should be applied to adjust the conflicts and avoid the disorder of social order caused by improper exercise of rights.The theory of prohibiting abuse of rights means that the actor should not deviate from the essence of rights or exceed the limits of rights to exercise rights.The principle of prohibiting the abuse of rights is an important part of the civil law system in mainland China.In addition to the introduction and conclusion,the paper is divided into three parts.Article on the first part mainly involves prohibit abuse of rights principle for statistical data related to the sample,induction and systemic analysis,discusses the research necessity and urgency of the principle.Then it enumerates and analyzes the confusion between the principle of prohibiting abuse of rights and the principle of good faith,the principle of public order and good custom and the principle of unauthorized ACTS and infringement.The second part analyzes and discusses the reasons for the difficulties in the application of the principle of prohibition of abuse of rights,mainly from the aspects of the connotation,composition,measurement standard and the understanding of the concept of public interest,discusses its positioning in China's civil law system,and distinguishes between the principle of abuse of rights and other basic principles such as honesty and credit,public order and good custom,as well as the difference between the principle of abuse of rights and infringement,and the legitimate exercise of rights,so as to standardize the application of the principle.The third part of the article discusses how to improve the system of prohibiting abuse of rights.Firstly,it makes clear that in the process oflitigation,there are two obvious and opposite claims of rights between the two parties of the original defendant.One party or both parties' behaviors have the appearance of rights.Secondly,in the specific judgment process,the appraisal standard combining subjectivity and objectivity is adopted to judge whether the specific behavior constitutes the abuse of rights.When the legal consequences are applied,it can be determined according to the time node and behavior type of the abuse of rights.Finally,it is proposed that specific rules can be formulated in response to the standardized abuse of rights,so as to form a normative system of principles + standards + rules.