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Jurisprudential Research On Favorable Allocation Of Legal Rights

Posted on:2016-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z X GuoFull Text:PDF
GTID:2347330479953857Subject:Law
Abstract/Summary:PDF Full Text Request
The legal system of our country has been improved, a sound legal system plays a n important role on economic prosperity and people's social life. Favorable allocation of legal rights of the legal system in our country, has a great influence on people's life and social order, has the vital significance to the right of disposition.The system of labor contract termination, a typical manifestation of some attributes and features of the right tilt configuration. The labor contract lift with practical application and academic research universality, taking this as the breakthrough point, can showed the right tilt configuration properties obviously. Right to tilt the legal study of the configuration, the existing theory carding and further explore, which has important reference meaning to the legal practice in our country. The right tilt allocation, in-depth study will be found after its solid theory as a logical support. This paper mainly from three aspects: the moral, the weak right to protect, social justice and so on. From the view of the moral and the structure of the human brain determines the moral judgment in the former and physiological basis for rational reasoning strategy in the post, which as a right tilt the morality of the configuration provides a solid foundation; the protection of the rights of the weak, there are one protecting for the protection of human rights and social two aspects; social justice to the difference principle as the foundation, on top of this laid the justice in the distribution of power.In addition, the right tilt configuration has a huge value. This article mainly from the legislative value, social order value, the interests of regulation and control value, the application of the law of four aspects of the demonstration. Among them, the legislative value lies in legislator recognize the limitations of legisla tion may exist, in order to promote prudent and urged the legislative process; social order value is mainly elaborated from the perspective of moral dimension and marginal effect, favorable allocation of legal rights is to maintain social order and even improve the effect; distribution of rights configuration can also tilt the regulation of interests, plays an important role in the interests of the whole society and the overall value, now the main variable transaction mode and public enforcement; right tilt configuration can also be used to produce the value of the law, mainly because the power tilt configuration allows people to apply to law has different choices of tilt.The legal problem of the right tilt allocation is the focus of the article. From the introduction of concept, feature and basic principle, this paper discusses the theoretical basis and the great value of the right tilt allocation.
Keywords/Search Tags:Termination of labor contract, Favorable allocation of legal rights, The rights of the weak, Morality, Value
PDF Full Text Request
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