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Private research questions the effectiveness of the fundamental rights of

Author: WangPu
Tutor: ZhangPingHua
School: Yantai University
Course: Civil and Commercial Law
Keywords: fundamental rights Law effectiveness Indirect effect theory Direct effect theory
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 0
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Abstract


The constitution has confirmed basic rights, is the right man, essential basic embodies human dignity and value, and its realization degree is all state political structure and action is justified and lawful country the fundamental judgment standard.Based on the background of contemporary Chinese law in civil law, the basic rights and civil relationship the basic frame down discusses problems right protection. First, to the basic rights of private retraces legal history respectively, the western basic rights and China’s basic rights effect problem, the history of profound analysis and research. Secondly, in the basic rights law effectiveness on the detailed standard mode of comparison analysis of invalid mechanical said, respectively, and American "and its development state behavior direct effect" theory, theory, indirect effect theory, the state protects compulsory mode five theory made a profound research and criticism, only to the traditional theory earnestly analyze its essence, can after using the actual conditions in China, combining with the spirit of the constitution in our country, this paper discusses the basic rights of private effect problem. Basic rights law has its complicated effect problem, the inner mechanism, this paper respectively from the basic rights in the legal system, and the fundamental rights of position, nature and function is discussed, master basic rights this basic concept, and then discusses the relationship between constitution and the civil law and the traditional classical topic. A clear understanding of this paper of research, we must seriously basic rights and civil rights dialectical relationship between, this is the subject of the institute must approach. Finally this paper simple discusses basic rights in the private law. The basic path realize

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CLC: > Political, legal > Legal > Chinese law > China and France
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