An examination of the evolution of basic bet365 live casino games on the right to claim
February 27, 2024 10:57 Source: "bet365 live casino games Journal" Issue 2840, February 27, 2024 Author: Zhang Zhengzhang

The right to request is the right to request others to act or refrain from action。The basis of the right of claim is the legal norm that supports one party to assert the right of claim against other parties。Regardless of the exercise of civil rights、Legitimate rights claims or civil rights remedies,Both are inseparable from the basic thinking of claim rights。According to the cause and nature,The right to claim can be divided into: personality rights bet365 live casino games、Family bet365 live casino games、Property bet365 live casino games、Obligation bet365 live casino games、Right of claim in commercial bet365 live casino games, etc.。The right to claim can be exercised both inside and outside litigation,Not necessarily dependent on litigation。For example,Based on the sales contract requiring delivery of the subject matter and payment of the price,Based on the lease contract requiring delivery of possession and payment of rent,All are manifestations of the exercise of the right to claim。It can be said,Basic thinking on the right to claim has penetrated into people’s basic necessities of life、In daily life and career。

  Tracing the historical origin of the basic thinking of bet365 live casino games of claim

In Roman bet365 live casino games,Only the concept of right of action,No concept of substantive rights,No concept of right to request。At this time,Facts and norms have not yet been separated,Litigation creates rights,Instead of suing based on rights after having rights。Therefore,The right to sue itself is a manifestation of substantive rights,And do it through litigation。So "actio" in Roman bet365 live casino games means the right to sue,Also means lawsuit、Litigation、Justiciability and Litigation Behavior,also means substantive rights。

At 14、15th century,Roman law was gradually inherited by German legislation,The right to sue system was also introduced to Germany。As social life becomes increasingly complex,Systematization of litigation rights and separation of facts and norms,It has become an inevitable trend。At the same time,Due to the increasing substantive legalization of litigation rights,Procedural law gradually separates from substantive law and exists independently。The system of right to appeal is gradually decomposed,The glory of the past is no longer。To save the decline of the litigation rights system,In 1841, Savigny first proposed the doctrine of private law action in the fifth volume of his "Contemporary Roman Legal System",Considering that the right to sue is a stage of development of substantive rights,It is a power of substantive rights。1856,Windscheid proposed the concept of right of claim in his book "The Right of Action in Roman Law from a Modern Legal Perspective",Considering that trial protection in Roman law creates rights,Rights are the foundation of modern law,Trial protection is the result。German scholar Hellwig defined the right of litigation in his works "Right of Claim and Right of Litigation" and "Right of Litigation and Litigability"、Distinguish the three concepts of claim rights in procedural law and claim rights in substantive law。To this point,The concept and system of right of claim are deeply rooted in the civil and commercial legislation of the civil law system,The claim system in the sense of substantive law is widely circulated。Meanwhile,The bet365 live casino games based on the right to claim has also entered the exercise of civil rights and the process of civil litigation。

Traditional civil justice mainly uses legal relationship analysis methods。After the judge found out the facts of the case,Looking for legal documents,Determine the legal provisions applicable to the current case,In legal methodology, it is called “finding the method”。The judge is looking for a solution,It is easy to leave the parties concerned with unfair refereeing、Arbitrary、Impression of wanton behavior。Basic analysis method of claim bet365 live casino games is often used in civil justice in modern countries,This method is more in line with the actual litigation than the former。The plaintiff should explain the basis of the claim when suing,The defendant can deny and plead,The judge remains neutral,Centered review referee。In addition to maintaining the judge’s objectivity、Neutral image,The basic analysis method of claim bet365 live casino games has other advantages,If the concept is clear、Strict logic,Facilitate reasoning in referee documents,Conducive to improving case handling efficiency,Conducive to the implementation of disciplinary principles, etc.。

  Basic thinking on the right to claim has raised my country’s rule of bet365 live casino games to a new level

Since the legal reform in the late Qing Dynasty,Our country inherited the statutory legal system of the civil law system。Emphasis on statutory legal system,Every right must have its remedy,Otherwise, there is no right。Relief of rights,The thinking method based on the first recommendation of claim rights,Right holder’s response to infringement、Those who obstruct their rights,Must be requested in accordance with the law。bet365 live casino games on the basis of the right to claim,For the right to relief、Restore law and order、Train legal thinking、Building a legal professional community is fruitful。

In a society ruled by bet365 live casino games,The bet365 live casino games should become the basic norm for the behavior of civil subjects。Outside the bet365 live casino games,There is no other standard with national mandatory force to ensure implementation,This is essential for everyone’s rights and freedoms。A market economy society is one for everyone、A society where everyone is for me,The main way for ordinary people to make a living is to exchange their own labor (services) for the labor (services) of others。The bet365 live casino games of value among various market factors、Differentiation and reorganization under the influence of competition rules and other rules、Optimize configuration,Hundreds of competing factions,Everyone has his own place。

After establishing the socialist market economic system,Accompanied by the General Principles of Civil bet365 live casino games, Contract bet365 live casino games, Property bet365 live casino games, Tort Liability bet365 live casino games, Company bet365 live casino games, Securities bet365 live casino games, Negotiable Instruments bet365 live casino games, Insurance bet365 live casino games, Bankruptcy bet365 live casino games, Copyright bet365 live casino games, Patent bet365 live casino games, Trademark The formulation and revision of civil and commercial laws such as the bet365 live casino games, the Marriage bet365 live casino games, and the Inheritance bet365 live casino games,my country’s private bet365 live casino games is becoming more and more rigorous and operable。Legislation moves away from virtual reality,The characterization is to give various specificities to the subjects of private bet365 live casino games、Clear、Right of claim that can be asserted and enforced,Configure the corresponding request right basis for it,So that it can be adapted to its own abilities and needs,Free pursuit of wealth on the social stage,Develop personality,Realize self-worth,Build a private legal relationship that is conducive to your own happiness and social development。

At the beginning of reform and opening up,my country’s GDP ranks only eleventh in the world;2007,Beyond Germany,Ranked third in the world;2010,Beyond Japan,Becoming the world’s second largest economy。Over 40 years,Fujian、The GDP growth of the three southeastern coastal provinces of Guangdong and Zhejiang has exceeded 400 times,The total GDP of Guangdong Province surpassed Singapore in 1998、Overtaking Hong Kong, China in 2003、Overtaking Taiwan, China in 2007。There is no market-oriented law,No respect and protection of private property rights,bet365 live casino games that does not respect the basis of the right to claim,It is difficult for China’s economic development to achieve such brilliant achievements。

The Civil Code, which came into effect on January 1, 2021, has inherited and enriched the basic types and systems of claims in the field of private law in my country,A milestone in the history of civil legislation in New China。current,Basic bet365 live casino games on the right to claim in legislation in our country、The legal application and judicial fields have reached new heights,Will definitely write a more glorious chapter at the new starting point。

  (The author is a professor at Wang Jian bet365 live casino games School of Suzhou University and Soochow Institute of Public and Comparative bet365 live casino games)

Editor: Cui Bohan
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