Research On The System Of Natural People's Loss Of Power

Since the ancient times,all countries in idiomatic deprive criminals of life and freedom,to maintain its ruling order.With the awakening consciousness of rights around the world,since the modern civil law,the right has become a very important core concept in private law.Then,life and freedom also evolved into life and liberty,countries still continued the practice of the ancient,modern criminal deprivation of the right to life and liberty.Social life development,legislation needs to continue to increase,maintain social order also need to make new form transformation,on this basis,the lawmakers imagined to realize natural inequality of rights ability by limiting the capacity for civil rights to regulate the social order.This paper argues that: natural person lost civil right is in the process of modern rule of law legislators use legal means to intentionally form the inequality on the natural capacity for civil rights in order to realize the purpose to maintain good social order.At present,there is no systematic system in China’s legal system,and only few rules are scattered in different laws,the reality in natural persons’ loss of capacity for right is preceded by the complete theory.Therefore,this article will discuss the establishment of the rules in natural persons’ loss of capacity for right in five parts,hoping that this can provide useful ideas.Part one:By combing the current law on road traffic safety in our country,such as the company law in the legislation on the provisions of the civil loss power and the judicial practice in our country Zheng Xueli case arising from the loss power case,but at present our country has not about losing rights of natural person in civil rules or systemic system,emphasizes to establish reasonable system of natural person’s sense of what civil loss power rules,lead to problems for study,this paper is a natural person: an empirical study of civil rules.Part two: Introduces the civil right capacity loss.Firstly,from the special capacity for civil rights and capacity for civil rights,the distinguish of the introduction of the concept of the two loss power type,the characteristic as well as the ability to distinguish and rightsbetween loss power of the main types.After analysis under the background of binary losing rights and capacity for civil rights,including general capacity for civil rights loss power capacity(such as the driving)and special civil rights loss power(such as occupational ban).Finally discusses the legal rights of after death,the question of whether or not to completely eliminate customs clearance carding death declaration rules,it is concluded that the elimination of state legal relations involved,not under this thesis civil loss power and pronounced dead people survival period civil juristic act effect will not be affected.Part three: Introduce the loss of civil capacity.Carding the meaning of certain right of civil action competence,including concept,unable to distinguish with the facts and loss power of the force of law of civil action competence,do not have person of civil action competence of losing power is a kind of completely lost power,limited capacity for civil conduct people losing rights cases,for people who lose weight,it is engaged in the legal action is being with pending validity.To background from the forbidden for production system to talk about certain right of civil action competence,introduce the cure after production system,by wu bin with v.wu qiao forging ban for case judgement in case production capacity loss power problems were analyzed.Part four: Includes the following several parts,one is an overview of civil rights loss power.Mainly introduces what is a civil rights capacity loss power loss of power,the civil rights and rights of loss of power,the capacity loss power to distinguish;Secondly,the analysis of dishonest people in the practice of our country of the civil rights loss power,dishonest people for our country law and practice there are three forms: one is the people’s court of dishonest people public system,the second is the administrative organ of dishonest people public system,three is dishonest people into the system of the credit registries.Civil rights in the final analysis the facts exercise not cause losing rights of civil rights,mainly is the reproductive rights to exercise can’t limit,consumption,and civil procedural constraints caused by the civil right to exercise can’t.Part five: Combining with the previous paper,in view of the first part of the proposed to suit the analysis,to find way to solve,formed four shall follow the principle of losing rights concept,namely establish respect civil rights;Clarify the power limits,completes theprogram interface;Clear legislative authority,legal implementation loss power;To strengthen the legislative work,fill the blank of the law.In the next section explains the idea of a natural person losing rights from civil law to natural person loses power reality form and dynamic process of loss power of the public,i.e.natural persons civil loss power rules of construction operation,strive to form systematic system.Finally,the governance rules of natural people to maintain social order,to prevent rights abuse,urged natural person legally exercise their right to have very positive meaning.It for our country’s administrative and judicial practice is not a novelty,but lack of rich theoretical research and perfect laws and regulations.We should actively carry out natural person civil rights of systemic research,draw lessons from foreign excellent systemic achievements,strengthen the innovation of criminal and civil legislation.Using natural person civil note also lost power to do a good job of linking the division of rights,program,make the administrative and judicial organs,civil,administrative and criminal procedure can cooperate with each other.Loss power system this paper argues that civil rights in the national system of the importance of the operating system and severity,so should have a clear legal basis,in the applicable perfect at the same time,the program should also form a complete set of both entities.Eventually form from legislation to practice to the public of the natural person civil rights system,enrich the system of the rule of law in our country.