论民法法益

On Legal Interest in Civil Law

追逐利益是人类的本能,利益的冲突使法律的介入成为必要。法益源于法律对利益的平衡。法益在民法中地位极为特殊,其奠定整个私权体系的基础但却得不到重视,只受到消极的保护。为确保法益享有人的合法利益,可通过构建侵权行为法一般条款等途径对其利益进行救济。

Human beings chase interests because of their instinct. It is necessary for law to intervene in conflict of interests. Legal interest is derived from balancing interests by law. Legal interest in civil law is very special. It establishes the base of rights but is ignored by civil law. All it has is passive protection. In order to protect legal interest of the possessor thoroughly, approaches include but not limited to general provision of torts should be reformed.