Book Details
Analysis and Construction of Private Rights: Analytical Jurisprudence Foundation of Civil Law
Wang Yong / Peking University Press /December 1, 2019
The book "Analysis and Construction of Private Rights: Analytical Jurisprudence Foundation of Civil Law" was written by Wang Yong. Starting from the perspective of analytical jurisprudence, the book conducts a comprehensive and systematic thinking and sorting out of civil law rights. Based on the first draft, the author has gone through more than 20 years of rethinking and revision to fill the gap in the civil law community in related fields and demonstrate strong basic theoretical research capabilities. This book not only deeply analyzes the connotation and extension of private rights, but also provides a solid theoretical foundation for the further development of civil law. For civil law scholars, legal practitioners, and readers interested in civil law, this book is undoubtedly a book of great reference value, which will help deepen the understanding and research of civil law rights and promote the prosperity and development of the civil law discipline.
Outline Notes
Analysis and Construction of Private Rights: Analytical Jurisprudence Foundation of Civil LawChapter 1 Introduction1.1 Research Background and Significance - Development and Challenges of Modern Civil Law: With the development of society, civil law, as the core part of private law, faces many challenges, such as scientific and technological progress, economic globalization, etc. - Private Rights Protection and Market Economy: Effective protection of private rights is the cornerstone of market economy, and in-depth analysis of private rights is conducive to building a more complete legal system. 1.2 Research Methods and Purpose - Analytical Jurisprudence Method: Use logical analysis and semantic analysis methods to study the basic concepts and systems of civil law. - Purpose: Provide a clear conceptual system and logical structure for private law theory, and provide theoretical support for legal practice. Chapter 2 Basic Concepts of Civil Law2.1 Legal Relations and Rights - Definition of Legal Relations: Social relations with rights and obligations regulated by law. - Elements of Rights: Interests, claims, qualifications and capabilities. 2.2 Types of Civil Rights - Absolute Rights and Relative Rights: Classified according to the scope of the obligor. - Right to claim and right to form: classified according to the role of rights. Chapter 3 The Origin and Development of Private Rights3.1 The Origin of Private Rights- The influence of Roman law: The concept of private rights in Roman law has a profound impact on the civil law of later generations. - The natural law thought: The natural rights of people proposed by natural law are an important source of the modern concept of private rights. 3.2 The Development of Modern Private Rights- The Formulation of Modern Civil Codes: Such as the French Civil Code and the German Civil Code, which mark the maturity of the private rights system. - The typification and systematization of private rights: accompanied by the development of legal theory and the needs of legal practice. Chapter 4 Legal Means for Protecting Private Rights4.1 Civil Liability System- Principle of Liability: Fault liability, no-fault liability and fair liability. - Compensation for Damages: restore the status before the right is infringed. 4.2 Civil Remedy Procedure- Litigation Procedure: the main way to resolve disputes through courts. - Non-litigation Procedure: non-compulsory dispute resolution methods such as reconciliation and mediation. Chapter 5 Limits and boundaries of private rights5.1 Balance between private rights and public rights - Principle of priority of private rights: Protecting private rights is the foundation of social development. - Limits of public intervention: Public intervention should be based on public interests and have legal basis. 5.2 Conflict and coordination between private rights - Rights hierarchy theory: When multiple rights conflict, the order of protection is determined according to the value hierarchy. - Proportional principle: When public power restricts private rights, the proportionality principle should be followed to ensure minimal infringement. Conclusion - The status of private rights in the legal system: As one of the core concepts of a modern rule of law country. - Future prospects: Continued development and improvement of civil law and private rights theory.
Catchy Sentences
Regarding the book "Analysis and Construction of Private Rights: Analytical Jurisprudence Foundation of Civil Law", the author Wang Yong has many profound insights and insightful discussions. The following are wonderful sentences or paragraphs selected from the book, which are profound, unique in perspective, beautiful in language, full of wisdom, or creative. These sentences will be divided into three groups and output according to numbers 1-20 for readers' reference. Group 1 1. "Private rights are not innate, but the product of social construction. They carry the dual values of individual freedom and social order." 2. "In the world of civil law, private rights are like a lighthouse, guiding the boundaries and directions of individual behavior." 3. "Analyzing private rights from the perspective of law is not only a declaration of rights, but also a logical deconstruction of the operation of power." 4. "The construction process of private rights is essentially a continuous reshaping and optimization of the rules for the allocation of social resources." 5. "Every right in civil law is a meticulous care and firm defense of human dignity." 6. "Under the protection of private rights, the free will of individuals can be maximized and realized." 7. "The game between private rights and public power constitutes the most basic tension and balance in a society ruled by law." Group 2 8. "The design of the private rights system aims to transform individual interests into actionable rights discourse through the power of law." 9. "The private rights system in civil law is like a precision instrument. Every component is indispensable and together maintains the normal operation of society." 10. "The exercise of private rights is not only about maximizing personal interests, but also about improving the overall welfare of society." 11. "Within the framework of private rights, individual freedom and responsibility coexist and together constitute the spiritual core of civil law." 12. "The protection of private rights is not absolute. It requires a delicate balance between personal freedom and social welfare." 13. "The definition and protection of private rights in civil law is one of the important signs of the progress of human civilization." 14. "The logical starting point of private rights is to recognize the differences of individuals and build social relations of mutual respect and equal consultation on this basis." Group 3 15. "From the perspective of private rights, every individual is an independent and equal legal subject and enjoys equal rights and dignity." 16. "The construction of private rights is not only a confirmation of existing social relations, but also a planning and expectation for future social order." 17. "The concept of private rights in civil law reflects the pursuit and adherence of human beings to universal values such as freedom, equality and justice." 18. "The exercise of private rights is essentially a dynamic process of interaction, negotiation and bargaining between individuals and society." 19. "The improvement and development of the private rights system requires constant response to new challenges and new demands brought about by social changes." 20. "Under the protection of civil law, private rights are like a ray of light, illuminating the individual's path to pursue happiness and freedom." These sentences or paragraphs demonstrate Professor Wang Yong's profound insight and unique views on the issue of private rights, and I believe they can provide readers with useful reference and inspiration.
Author Introduction
Title: Wang Yong: An Explorer and Practitioner of Civil Law Analytical Jurisprudence Wang Yong, a jurist with profound academic attainments in the field of civil law, has brought new thinking and enlightenment to the legal community with his unique insights into the analysis and construction of private rights.< This article will introduce this outstanding jurist from multiple perspectives, including his personal basic information, education and professional background, writing career, work style and theme, personal life, social influence, citations and evaluations, and latest developments.
1.< Personal Basic Information Wang Yong, born in China, is a law professor who focuses on research and teaching in the field of civil law.
2.< Education and Professional Background Wang Yong received legal education at well-known universities at home and abroad and obtained a law degree.
His academic background laid a solid foundation for his research work.< After completing his studies, Wang Yong devoted himself to legal education and research and became a law professor at a famous university.
3.< Writing Career Wang Yong's writing career began with his in-depth research in the field of civil law.
His book "Analysis and Construction of Private Rights" is a classic in the field of civil law analytical jurisprudence, which conducts a comprehensive and in-depth discussion on the definition, protection and application of private rights.< 4.
Style and theme of works Wang Yong's works are known for their rigorous logic, clear organization and easy-to-understand language.< He pays attention to the legal protection of private rights and emphasizes the importance of the legal system in safeguarding personal rights.
The themes of his works involve the basic principles of civil law, the definition and protection of private rights, and the improvement of the legal system.< 5.
Personal life There is not much public information about Wang Yong's personal life.< But it can be inferred that his life is full of love for legal research and dedication to education.
6.< Social influence Wang Yong's research results have a profound impact on the legal community.
His views and theories are widely cited, which has played a positive role in promoting legal practice and legal education.< 7.
Citations and evaluations Authoritative media, experts and institutions generally have a high evaluation of Wang Yong.< They believe that Wang Yong's research results have high academic value and practical significance, and have made important contributions to the development of the field of civil law.
8.< Latest developments Wang Yong is still active in the field of law and continues to conduct research and teaching.
His new works and research results are worth looking forward to.< In short, Wang Yong is a jurist with significant influence in the field of civil law.
His research results not only enrich legal theory, but also provide useful guidance for legal practice.< We look forward to his more academic contributions in the future.
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