Research On Prohibition Of Abuse Of Civil Rights

With the increasing awareness of civil rights today,there is more and more friction between civil rights,and prohibition of abuse of rights has played an irreplaceable role in resolving conflicts of rights.The study on the prohibition of the abuse of civil rights is a time-honored issue in civil law.There have always been different views or principles on the legal nature of the prohibition of the abuse of civil rights.This has resulted in different courts' citations of prohibiting abuse of rights in judicial practice,diversified trial results,and not conducive to improving judicial credibility.The promulgation of the General Principles of the Civil Law clearly stipulated for the first time that prohibiting the abuse of civil rights is a great progress in China's legislation,making the research on prohibiting the abuse of civil rights a hot issue at the moment.In addition to the introduction and conclusion,the thesis is divided into four parts.The first part of the article is an overview of the prohibition of the abuse of civil rights,including the definition of the concept of prohibition of the abuse of rights,the introduction of characteristics and the origin of development.Then analyze the infringement,the unreasonable use of rights,and unauthorised behavior.Attempts to analyze the theoretical connotation of prohibiting abuse of rights and its differences from other similar concepts.The second part of the article mainly introduces the disputes existing in the legal field against the abuse of civil rights.This article introduces the four main points of view: "subordinate principle theory","legal rule theory","legal principle theory",and "obligation theory" to provide theoretical reserves for the following research on the legal nature of prohibiting abuse of rights.The third part of the article shows the current situation of judicial application of prohibition of abuse of rights in China through data analysis by selecting case samples.To address the current status quo,analyze the inadequacies of the current research on the prohibition of abuse of rights in China.The main problems are the content of the theory of prohibition of abuse of rights,the legal nature of the law,the ambiguity of the law,the single standard of measurement,and the diversity of trial results.The fourth part of the article analyzes the legal nature of the prohibition of the abuse of civil rights through the analysis of the main viewpoints of the above four academic circles,and concludes that it is a general clause in nature through comparative analysis.Then on the basis of other doctrines,the measures for prohibiting abuse of rights were analyzed to arrive at the current optimal "four requirements + rules" model.Finally,by analyzing the legislative trend of prohibiting abuse of rights,and proposing corresponding suggestions in the process of prohibiting the development of abuse of rights,we propose corresponding suggestions to fundamentally regulate the abuse of civil rights.