Requesting the right to the basic civil law thinking flow test
February 27, 2024 10:57 Source: "China Social Sciences" February 27, 2024 Issue 2840 Author: Zhang Zhengzhang

Requesting right is a right to request others to act or inaction。The basis for the claim right is to support the legal norms of the parties to claim the right to claim to the other parties。Do not exercise civil rights、Propositions of rights and demands of rights or relief of civil rights,It is inseparable from the basic thinking of request rights。According to the cause and nature of the occurrence,Request rights can be divided into: personality rights law、relative method、Property Law、Debt、Request rights in business law。The right to request the right to exercise inside and outside the lawsuit,Do not depend on litigation。For example,Based on the purchase and sale contract requires the delivery of the subject matter and payment price,Delivery and payment of rent based on lease contract requirements,All are the performance of the right to request the right to request。It can be said,Basic thinking of request rights has penetrated into the people’s clothing, food, housing and transportation、Daily life and career。

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In Rome Fa,Only the concept of the right to appeal,without the concept of physical rights,No concept of claim right。At this bet365 best casino games time,Facts and specifications have not yet been separated,Is the right to create litigation,instead of the right to sue based on rights。So,The right to appeal itself is the manifestation of physical rights,and implement it through litigation。Therefore, the "ACTIO" in Roman France indicates the right to appeal,also expressed a complaint、Litigation、complaint and litigation behavior,It also means physical rights。

in 14、15th Century,Roman law gradually adopts the German legislation,The right to lighter system is also introduced into Germany。With the increasingly complicated social life,The systemicization of rights and separation of facts and specifications,It has become an inevitable trend。At the same time,Due to the increasingly physical chemicalization of the right to lighter,Litigation Law gradually exists from the physical law and exists independently。The right to lighten the right to decompose,The former scenery is no longer。For the decline of the rescue system,1841 Savigny (Savigny) took the lead in proposing the doctrine of private law in the fifth volume of the "Contemporary Roman Law System",I believe that the right to appeal is a development stage of physical rights,is a power of physical rights。1856,Windscheid (Windscheid) put forward the concept of request rights in the book "Looking at the Roman France's Prosecution of Bet365 lotto review Roman France from the perspective of modern law,I believe that the protection of trial protection in Roman law,and the right in the modern law is the original,Judgment protection is the result。German scholar Hellwig will be in his book "Request and Prosecution" and "right to appeal"、Three concepts of request rights in the litigation law and three concepts in the physical law.。So far,The concept and system of the request rights go deep into the law of civil and commercial affairs of the mainland law,Requesting system in the sense of physical law is widely circulated。At the same time,Civil Law thinking that request the right to request the right to request the rights has also entered the exercise of civil rights and civil lawsuits。

Traditional civil justice mainly adopts legal relationship analysis method。After the judge checks the facts of the case,To find legal documents,Determine the legal provision that can be applied to the current case,Law methodology referred to as "finding the law"。Judge Find Fa,It is easy to leave a referee injustice for the parties、exclusive specialty、The impression of wantonly arrogance。Most of the basic analysis methods of request rights are adopted in civilian justice in modern countries,This method is more in line with the actual lawsuit than the former。What is the basis of the request right when the plaintiff sued,The defendant can bet365 live casino games deny and defense,The judge keeps neutral,Judido Audit Judgment。In addition to maintaining the objective of the judge、Neutral image,Basic analysis method of request rights and other advantages,Clear concept、Strict logic,Convenient referee documents,It is conducive to improving the efficiency of case handling,It is conducive to implementing the principles of punishment。

  Basic thinking of request rights to improve my country's rule of law in a new height

Since the beginning of the legal system in the late Qing Dynasty,my country has been subject to the grammatical law system of the mainland law system。Emphasis on the text method,All rights must have their own remedy,Otherwise, there is no right。Rights of Rights,The first push for the foundation of the right to request rights,The right holder is infringement、Obstained the right of its rights,I have to ask for a request。Civil Law Thinking of the Requesting rights,For relief rights、Restore legal order、Training legal thinking、Constructing a legal professional community is effective。

In the rule of law society,The law should become the basic specification of the behavior of civil subject。Outside the law,There is no national forced force to ensure the implementation of the implementation,This is important for everyone's rights and freedom。The market economy society is a one of me Bet365 lotto review as everyone、Everyone is my society,The main way to make a living by ordinary people is to exchange for others' labor (service) with their own labor (service)。Various market elements in value laws、Differentiated and reorganized under the influence of rules such as competition rules、Optimized configuration,Bai Ye competition,Details each。

After establishing the socialist market economy system,Accompanied by the General Principles of the Civil Law, Contract Law, "Property Law", "Infringement Responsibility Law", "Company Law", "Securities Law", "Bill Law", "Insurance Law", "Bankruptcy Law", "Copyright Law", "Patent Law", "Trademark Law", Trademark Law, Trademark Law The formulation and amendment of civil and commercial laws such as "Law" "Marriage Law" and "Inheritance Law",The rigor and operability of my country's private law are getting stronger and stronger。Legislative escapes,Its characteristics are to give the private law the specific specific、Clear、The right to claim and implement it,Configure the corresponding request right basis for it,Make it according to its own ability and needs,Free pursuit of wealth on the social stage,Developed personality,Realize self -worth,Building a private law relationship that is conducive to your own happiness and social development。

At the beginning of reform and opening up,my country'bet365 best casino games s GDP is only the eleventh in the world; 2007,Beyond Germany,ranked third in the world; 2010,Beyond Japan,Become the second largest economy in the world。For more than 40 years,Fujian、Guangdong and Zhejiang's three southeast coastal provinces GDP have increased more than 400 times,The total amount of GDP in Guangdong Province surpassed Singapore in 1998、In 2003, surpassing Hong Kong, China、In 2007, surpassing Taiwan, China。No laws based on market -oriented -oriented,No respect and protection of private property rights,Civil Law thinking that does not respect the foundation of the right to request rights,China's economic development is difficult to achieve such a brilliant achievement。

The "Civil Code" implemented from January 1, 2021 inherits and enriches the types and systems of the foundation of the request rights in the field of private law in my country,It has a milestone in the history of civil legislation in New China。Current,Conditional Basic Civil Law Thinking in my country、Law application and judicial field have reached a new height,It will be written on the new starting point to write a more brilliant chapter。

  (The author is a professor at the Institute of Wang Jian Law of Suzhou University and Professor of the Institute of Soochow Public Law)

Editor in charge: Cui Bohan
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