In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify ...In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify the nature of virtual property rights after all, and the place where virtual property is put in the "Civil Rights" chapter of General Provisions of the Civil Law makes the concept even more complex and confusing. The "relationships paradigm" protection of virtual property does not have a definite classification criterion, nor stands opposite to the "rights paradigm." There are two different ways to justify the "theory of virtual property as a real right" under the "rights paradigm" protection, namely, essentialism and consequentialism. The former resulted from utilizing features in a demonstration and identifying disposal rights with real rights, while the latter resulted from adherence to the dichotomy system of property rights comprising real rights and creditor's rights. From the perspective of larceny in Criminal Law and virtual property insurance in The Social Insurance Law, the attribute of virtual property rights is irrelevant to creditor's rights. The attribute of virtual property rights shall be defined as virtual property rights so that it can be included in the system of civil rights. The uniqueness of virtual property is enough to become an object of emerging civil rights; intangible property rights as a superordinate theoretical concept cannot reflect the essence of virtual property rights. The legislative frame of virtual property rights shall be comprised of the subject, object, exercise, publication and change of the rights.展开更多
Marxist human rights thought has realized an epochmaking change in human rights thought and has distinguished itself from capitalist human rights thought with its distinctive character.Marxist human rights thought has...Marxist human rights thought has realized an epochmaking change in human rights thought and has distinguished itself from capitalist human rights thought with its distinctive character.Marxist human rights thought has a humanistic character,starts from human nature and its essence,regards human rights as an important means to realize the all-round development of human beings and the fundamental proof of human liberation.Marxist human rights thought is characterized by being people-centered,and expresses the desire of the masses,with the proletariat as the main body,to realize a better life through the guarantee of human rights.Marxist human rights thought has a practical character,is based on practical materialism,advocates that human rights are derived from the social practice and promotes social practice toward civilization and progress.Marxist human rights thought has the character of rule of law,guides legal governance to the rule of good law,and lays the guarantee fot human rights on the foundation of substantive rule of law.展开更多
基金a phase achievement of Research on the Legal Problem of Third Party Infringing Contract Conclusion Interestsa general item under the national social sciences foundation(item number:16BFX1l0)Research on Expansion of Non-normative Provisions in Civil Legislation,one of the national subjects on rule of law and legal theory(item number:16SFB3031)
文摘In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify the nature of virtual property rights after all, and the place where virtual property is put in the "Civil Rights" chapter of General Provisions of the Civil Law makes the concept even more complex and confusing. The "relationships paradigm" protection of virtual property does not have a definite classification criterion, nor stands opposite to the "rights paradigm." There are two different ways to justify the "theory of virtual property as a real right" under the "rights paradigm" protection, namely, essentialism and consequentialism. The former resulted from utilizing features in a demonstration and identifying disposal rights with real rights, while the latter resulted from adherence to the dichotomy system of property rights comprising real rights and creditor's rights. From the perspective of larceny in Criminal Law and virtual property insurance in The Social Insurance Law, the attribute of virtual property rights is irrelevant to creditor's rights. The attribute of virtual property rights shall be defined as virtual property rights so that it can be included in the system of civil rights. The uniqueness of virtual property is enough to become an object of emerging civil rights; intangible property rights as a superordinate theoretical concept cannot reflect the essence of virtual property rights. The legislative frame of virtual property rights shall be comprised of the subject, object, exercise, publication and change of the rights.
基金the National Social Science Fund of China(NSSFC)project“Ethic Dimension and Legal Regulation of Modern Scientific and Technological Development”(Project No.:19BFX018)“Research on the Jurisprudential Basis of Strengthening the Sense of Community for the Chinese Nation,”a specialized research project under the Research Base on Strengthening the Sense of Community for the Chinese Nation(Project No.:2020WKZX003)
文摘Marxist human rights thought has realized an epochmaking change in human rights thought and has distinguished itself from capitalist human rights thought with its distinctive character.Marxist human rights thought has a humanistic character,starts from human nature and its essence,regards human rights as an important means to realize the all-round development of human beings and the fundamental proof of human liberation.Marxist human rights thought is characterized by being people-centered,and expresses the desire of the masses,with the proletariat as the main body,to realize a better life through the guarantee of human rights.Marxist human rights thought has a practical character,is based on practical materialism,advocates that human rights are derived from the social practice and promotes social practice toward civilization and progress.Marxist human rights thought has the character of rule of law,guides legal governance to the rule of good law,and lays the guarantee fot human rights on the foundation of substantive rule of law.
