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Review Object Of Legal Relation

Posted on:2009-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhaoFull Text:PDF
GTID:2166360245995198Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The object of legal relation is one of three components of the legal relation as well as the base of right and duty. As one of methodology tool, the object of legal relation has great means in studying jurisprudence. Now, this concept in jurisprudence and in branches of law is very different and can not win common contract. This has disadvantage to the development of jurisprudence .Especially the branches of law can not coordinate each other. This paper try to review the concept of object of legal relation and reach a conclusion: the object of legal relation is action.This paper maybe generally divided into three parts.The first part try to define the conception of object of legal relation, firstly, The paper gives a general introduction of different expressions of object of legal relation, then, at the base of demonstration of it in the consent and the extension ,point out that this idea has great disadvantage . Usually, we think that the object of legal relation is the aim of the right and duty. This concept only includes the right and duty, not include the powder and duty. So it can not analysis the public law.The second part is the centre viewpoint, the paper includes that the object of legal relation is conduct. The paper demonstrates this idea in internal perspective and the external perspective.The third part discusses to analysis the conduct as the object of legal relation in all of the branches of law. We explain the new theory in the definition of law, characteristics of law, origin of law, function of law, logical structure of law and so on.At the last of paper, it gives us that this idea has great value, if we can accept conduct as the object of legal relation, we can know the nature of the law and the consent of right and duty more deeply.
Keywords/Search Tags:object of legal relation, conduct, right, duty
PDF Full Text Request
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