试论禁止权利滥用原则的性质和功能

Study on the Character and Function of the principle of prohibiting from abusing right

禁止权利滥用原则发端于民法,并逐渐确立为民法的基本原则。禁止权利滥用原则是指超出正当界限的权利行使为法律所禁止。禁止权利滥用原则是道德准则的法律化;是衡平性规定;它源于诚实信用原则,并发展为独立的法律原则。禁止权利滥用原则发挥着指导立法、司法以及权利制度实践的重要功能,而且通过对权利与利益关系的调整,在权利行使这一领域实现人际关系的整合。

The principle of prohibiting from abusing rights is originally derived from the civil law, and has become the fundamental principle of civil law gradually. It refers that any exercising rights that surpass its equitable scope shall prohibited by law. Principle of prohibiting from abusing rights is a legalized moral rule, and it is an equitable provision. It derives from good faith principle and has developed as an independent principle. It has important functions guiding legislation, judicature and practice of right institution. It also conformities the relation between people through adjust the relation between right and interest.