我国民事权利的建构（The construction of civil rights in China）.docVIP

我国民事权利的建构（The construction of civil rights in China） Construction of civil rights in China Civil rights can be divided into legal absolute right, legal quasi absolute right, legal relative contract right and contractual relative contract right. Absolute legal rights refers to the civil subject by law belongs to the absolute, does not depend on the contractual relationship of personality rights (including the right of honor, marital autonomy and copyright right of publication and authorship of personal rights, property rights (including man) in the copyright issue, rental and other property rights, patent right industrial property rights, intellectual property rights). Its characteristics are set by law, the main obligations of all other civil rights outside the main (is not a needle for specific and specific civil obligations of the act or omission of the obligation to support the rights of civil law of our country is called real right, otherwise known as the), human rights reflects the relationship of people, and of the punishment between men let recipients, with non contractual, not limited to the legal relationship. Here said the main obligations of anyone for the right people outside have to bear the absolute right not to infringe the absolute right of ownership of unconditional obligation, is a kind of tort liability, but not for human rights in the contract or contract relationship in the disposition of their property rights and personality rights. As in the sale contract, the seller gets the buyer after the payment, the buyer has made the seller of goods rights, the seller for all their goods (property rights) and lost the absolute all; in the process of the contract, although the seller retains the goods the ownership, but the buyer after payment, the seller has made the ownership of property rights in accordance with the contract, the way and time, this is clearly not the seller of property infringement. Therefore, it needs to be emphasized that the absolut