On The Values And Prospects Of The Rightbased Theory In Our Country

Since the third Plenary Session of the 11 th CPC Central Committee, With the comprehensive and further development of re form and opening up, Our China's law theory also gained innovation and development, as a result, the guiding ideology of class struggle was dismissed, The theory of right-based was put forward.In the whole legal system, we should take right value orientation, and between rights and obligations, rights is the first factor, the obligation is secondary factor; Between right and power, the right is the source of power, the configuration and operation of power is to ensure the realization of the right. Along with the right-based theory was put for ward and its unceasing development, at the beginning of t his century, in the study of the paradigm of philosophy of law,( the jurists) put forward the right-based theory as a new paradigm of Chinese philosophy. Meanwhile, the theory of right-based has a great value in theory and practice from the generated up to now. However, along with the promotion of the construction of the rule of law, there are some limitations in the theory of right-based of our country.In the end, the author puts forward some opinions on the future development of the right based on the theory of practice, the practical contact, the autonomy of the theoretical system and the multidisciplinary,and the diversified research methods.Specifically, This thesis is divided into three parts: introduction, body and conclusion. The main body is divided into four parts.The first chapter makes a detailed exposition of the connotation and the evolution of the ri ght-based theory in contemporary China. The aim is to clarify what the right-based theory is and the background of the generation. Right-based theory refers to that right is always the most important central link of legal system, and it is in the starting position, obligations, power and so on,should service the right. In the study of legal philosophy, since the paradigm shift from the paradigm of class struggle to the right of the standard paradigm, so far, the right-based theory continues to get improved.The second chapter analyzes the theory and practice value of the right-based theory. In the aspect of theory, it provides a foundation for the law category-right, at the same time, its theoretical claims innovate the ideas of the legal research providing a theoretical support for the development of law; In practice, the theory of right-based has a huge social value on the promotion of civil consciousness, the construction of socialist market economy, democratic politics and the rule of law in the construction of the legal system and so.The third chapter is on the basis of the impact and value of China's right-based theory, to point out that there are s ome limitations in the development of the right-based theory. The limitations behave as t he phenomenon of talking right-based theory is ser ious, global vision is not deep enough; With the development of th e times, the theory of rig ht-based theory has not been updated, Therefore, The contemporary social practice is not close enough to play its due value. In terms of the two academ ic orientation of the theory of rights, it is the academic orientation in the specific context, there are some limitations, and it is not the reasonable orientation of the theory of the right of our country.At the same time, the right-based theory is only be positioned as a kind of philosophy of law, which is not from other methods to analyze it, it hinders the development space of Chinese right-based theory.In the f ourth chapter, on the basis of a nalyzing the existence of the right-based, the author puts forward some opinions on the future development of the right-based theory. The right-based theory of our country should follow the development of th e era of globalization, and make it have a broader global perspective; Deepen the relationship between right-based theory and practice, and properly handle the relationship between right a nd power. It is necessary to convert the theory into the rights of practical life and make them become realistic, rational, and important,and to improve the independent theoretical system, and to stimulate the inherent vitality of our country's right-based theory; last, we should break the rightbased theory as t he method of paradigm of ph ilosophy of b ondage and insist on starting from the multidisciplinary perspective, using different research methods, only in this way, the problem is likely to be completely unfolded, and the study can get into a higher academic realm.