Qualification And Comments Of Rights Claim

As one of most universal phenomena in law and the science of law, rights is considered as human's basic value pursuit. The essence of rights is a kind of interest claim of the subject, which increases with the development of the society. Facing multiple interest claims, the legislators need to make qualification and comments, and raise qualified interest claim to legal rights. This thesis mainly introduces the qualification and comments of rights claim in three parts:The first part elaborates on the basic content of rights claim. Rights claim is a kind of interest claim which has not been legislated. The interests restricted by objective law are various claims on certain object in order to satisfy the people's existence and development. Therefore the rights claim is some demand on certain object for the social main body to satisfy the needs of rights claim subject. As the social main body, rights claim subject doesn't correspond with rights assertors. The rights claim doesn't have force and is not legislated yet. It is different from the legal rights guaranteed by the state. The content of interest is so complex that it results in fuzziness and vagueness of the rights claim. For an in-depth understanding, we can classify the rights claim on the basis of different standards. According to the different subjects, we can divide the rights claim into individual rights claim, social organization's rights claim, national rights claim, social rights claim, human rights claim and the rights claim about human's basic interest of inhuman entity such as the animal, the plant, the embryo, the nature and so on;...