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Right border theory

Author: SunChunHua
Tutor: WangWei
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Right border Public interest Public rights Private rights
CLC: D90
Type: Master's thesis
Year: 2008
Downloads: 332
Quote: 1
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Abstract


Rights as the core of the legal system, the pursuit of basic human values. Both the substantive requirements of the human civilization and social, has been the focus of legal theory and law. People's awareness of their rights in the process of the rule of law in China, started to wake up, the increasingly popular concept of individual rights, in a sense, the times we live in is a highlight and rights of publicity rights era. The unprecedented awakening awareness of individual rights, personal activism unprecedented positive. Awakening people's awareness of their rights, we can not help for special and typical significance cases and meditation, there, behind the right to access to legal forms of public rights and private rights, private rights and private rights collide with contention. Clarify the relationship between the rights of the most important lesson of the jurist, but also a legal mission. The relationship of rights issue, I Holdout \The event we had to face legal contradictions - contradictions of public rights and private rights presented in front of the world, the balance and coordination of public rights and private rights is the ideal goal of a modern society based on the rule of law. When public rights suffered private rights, how to achieve harmony between the two, not avoid the question of the law. Treated as a legal person should calm rational thinking Chongqing \Meaning it is caused by repeatedly extending the legal and social effects of refraction have been far more than the event itself. Modern society based on the rule of law, our rights should be taken seriously. Especially in the face of the eventual introduction of twists and turns \From the point of view of jurisprudence, combined with the theory of the rights to the event, for example, try to define the right border. This article the main body consists of the following three parts: The first part, \This section describes the basic facts of the event and the focus of controversy, the public interest, that the event is a charity demolition. Then analyzes the events reflected in the legal relationship of the events from the perspective of the rights perspective, and interpretation of the relationship between public rights and private rights and private rights and private rights. Relationship between private rights and private rights of developers and demolition, demolition and the premises other analysis of the legal relationship between the demolition, which pointed toward the right times, we should take seriously rights. This event allows us to see the advancement of the rule of law and civil rights stick, it can be said that a final reconciliation of the event after done of private rights and public rights patience mediation interests symbiotic win-win situation, it is worth learning. Claims demolition or developers on compensation and resettlement issues, patience coordination that the improvement of people's awareness of the law, the government reflects the public the right to respect for private rights disruption tolerant of urban transformation process. How to make the public right to a legitimate exercise of the individual's right not to be abused, how to balance and coordination, when the public rights and private rights conflict is a legal people have to think about the problem. The second portion, the right border of the theoretical comb. Support as this theory, the part from two aspects described: on the one hand, whether the right boundary; On the other hand, the rights of what boundary. Theory combing discussion of whether the right border of the concept of rights, because we study any one question, we must first solve the problem with the concept, it is a logical starting point for all research. Several major doctrine followed by the introduction of the concept of rights, private rights and public rights defined, draw the links and differences between the two. Elaborated the grounds of the boundary between the specific rights. The rights are not abstract, isolated exist in a vacuum, but exists in the real society full of conflicts of interest, subject to the constraints of the economic structure of the social and cultural development level. What is the boundary of the rights of the discourse on the boundary between public rights and private rights, and the boundary between private rights and private rights, pointed out that civil rights must be limited in the face of public interests, the right to be exercised within the limits of the law shall harm the legitimate rights of others. Relation to the incident, the head of the household advocate for the rights and determination should be affirmed, but its unreasonable demands are not worth promoting. Because absolute power corrupts absolutely, absolutely right will bring? Exercise their rights too, will be unjust. With the awakening of the awareness of citizens' rights, especially the introduction of the \Awareness of their rights because of the health of the citizens is the inherent power of the modern society based on the rule of law. Has its limits in a society governed by the rule of law, the use of public rights, the government should fully respect the rights of the individual, the individual rights should give way to social and public interests, the exercise of the rights of the individual are not rambling. The third part, the difficulties and challenges: the rights of boundary definition and realization of the right mechanism. The one hand, the difficulty of defining the right border, right border largely due to the limitations of human cognitive ability and language problems, are vague. Right border is not like the concept so neat you can clearly distinguish. Which acts in a reasonable range of rights, which behavior is unreasonable scope of rights, what behavior is plausible but not reasonable, is not absolutely clear, it is not fixed. On the other hand, discusses the mechanisms of the realization of the definition of the principles and the rights of the right border. This paper tries to put forward the principle of defined rights boundaries, that the boundary defining the boundaries of public rights and private rights principle of public interest, the definition of private rights and private rights should abide by the principle of fairness, reasonable restrictions principle, the principle of good faith, the right to equitable principles and The principle of mediation. Finally, proposed the establishment of a coordination mechanism of interest, in order to achieve the maximum benefit each can get established, this is a win-win pattern. The event as an opportunity, the legislature should continue to improve the relevant laws, so that the right border is increasingly clear, the judiciary should be involved in a timely and effective manner, the role of a fair referee; developers should take into account the social benefits in the pursuit of economic efficiency at the same time, separation of part of the compensation from the demolition obtain high profits, demolished roundabout loss, in order to eliminate the demolition of resistance to consider each other's interests, on the basis of mutual benefit, to take care of their own interests at the same time maximizing each interests; demolition should raise interest demands rational for compensation conditions should be able to compensate for the loss limit. To the case as an opportunity to wake up the people in the exercise of private rights protection at the same time, raise awareness maintenance of public rights, the right to exercise individual rights, so that the rights and interests of citizens to be effectively protected.

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