关于民法中确立禁止权利滥用原则的思考

A Ponderation on Setting up a Principle of Forbidding the Abuse of Rights in Civil Laws

随着社会的变迁,人们的法权观念也发生着变化,由“私权神圣”、“权利绝对”,继而提出对私权行使予以适度的限制,禁止权利滥用逐渐被确立为民法的一项基本原则。而禁止权利滥用能否成为我国民法的一项基本原则,其含义、认定标准等方面存在争议,对此做一探讨。

Along with the changes of society, people＇ s concept towards the rights has also been changing, from ＂sacredness of private rights＂ ＂absolute rights＂, to putting forward an appropriate limitation to forbidding the abuse of rights, and the forbidding abuse of rights has been gradually set up as a basic principle in civil laws. However, for the topic whether forbidding the abuse of rights can be executed or not as a basic principle of civil laws in our country, there lies some disputes on the implication and confirmation of standard. This essay tries to rnako an approach on this subject.