| Rights of status are important component of the personal rights system in civil law,as to it's study to have the very strong theories meaning,realistic meaning and very high challenges.Currently,There are various voices in educational circles to the concept of rights of status in modern and the development inclines.These theories have many profound insight,but most of them did not deeply analysed the back factors that the variety of the rights of status. To the legal theoretical foundation of rights of status and the protection of rights of status and the value pursues did not enough system researchs.These can't announce to public the true facial expression of rights of status in modern and worth fixed position of the reasonables.This article from five parts is elaborated proper meaning about modern rights of status in civil law,the rights of status from historical development's angle in the modern development,the legal principle theory of law foundation about rights of status,thus to establish the system of rights of modern status and the protection way according to the author intention.The first part, the conceptual analysis of the rights of status this text commences from the concept of rights of status,the rights meaning through the analysis to the existing rights of status definition and combine the identity to appear rights of status should be the rights according to the specific status.The second part, the legal principle theory about the protection system of rights of status.The author analysed that the satisfactory achievement of status's benifit is the ultimate aim of protection system of rights of status,the ultimate aim of the protection system is to avert the damage of status's benifit from the status's body,and how to relieve the body if his rights of status is injured,and to ensure the satisfactory achievement of the status's benifit. This part analysed especially the basic protection system of rights of status,how to construct the right of request about rights of status is the basic to protect the rights of status,point out that the modern characteristics of rights of status is the basic and grounds to establish the right of request about rights of status,this part summed up the concept and category and function about the right of request of rights of status.Finally,from historical angle point out that harmonious order is the pursuit of value of this system about of rights of status .The third part, the analysis of relief system about rights of Status.This part found the theory on modern charicteristics of rights of status,analysed the theoretical problem about rights of status in the domain of tortious law,analysed the elements and imputation principles of tort liability of rights of status,and reasons for counterarguments,as a result,this part and the second part in together maked up a integrated protection system of rights of status in civil.The forth part, the reference and thinking about external system of rights of status.This part introduced the change and development about external system of rights of status,the characteristics of rights of status have changed into an equal right following the development of democratic movement,the democratic and equal system of rights of status have developed in other country.The fifth part, the suggestion of legislation to perfect our legal institutions of rights of stats.This part found on the external legal system of rights of status,discussed the inadequate domain in realistic law about our system of rights of status,and maked a suggestion of legislation countered at the inadequatte domain,the aim is provided a scientific basis for our realistic protection of rights of status.In a word, through the above research,the text completed the demonstration of a basic theories with protection of rights of status.It is benifit for the theoretical reserch the rights of status that writer hopes. |
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