On The Protection Of Private Rights In The Principle Of Prohibiting Abuse Of Rights

With the increasing of the density of private rights and the enhancement of the awareness of protecting rights,conflicts and collisions between private rights and public interests occur from time to time.The principle of prohibition of abuse of rights means that citizens should exercise their rights in accordance with the established purposes of rights,not in the name of the exercise of rights to harm others or public interests.As a basic way to coordinate private rights and public interests,the principle of prohibiting abuse of rights is the spirit of civil legislation.However,with the criterion of judgment of this principle from the subjective“Malicious use of rights” to the objective“Balance of interests”,many cases lead to improper restriction of private rights on the grounds of protecting public interests,to limit the legitimate exercise of individual rights.This article starts with a guiding case of labor dispute issued by the supreme law,and leads to the difficult problem of identifying“Abuse of rights” in current practice.Then through combing the current legal provisions and theoretical basis of the principle of prohibiting the abuse of rights in our country,clear the application of the principle of prohibiting the abuse of rights in the theoretical background.The object of right protection in this article is“Private right protection”.The traditional way of private right protection includes two aspects: negative protection and positive relief,often can not really measure the private and public interests,making the protection of private rights restricted.From the perspective of covid-19 prevention and control,conflicts between rights are becoming more frequent,and the boundaries and restrictions of citizens’ basic rights are unclear,which not only creates obstacles for citizens to exercise their rights,also makes the judicial organs for whether to“Restrict the exercise of private rights” have disputes.Based on the above problems,this paper analyzes the concrete situation of the conflict of rights and the result of judgment,and introduces the dynamic system theory as a way to identify the abuse of rights.Finally,in the future may encounter unexpected events,this paper proposes to further clarify the boundary of rights,limit the discretion of judges and strengthen the state and social supervision,with a view to the application of the principle of prohibiting the abuse of rights in practice to protect private rights to provide protection.