论文部分内容阅读
现代社会已把个人权利的实现来作为衡量一社会文明程度高低的标准,在我国保护权利已经作为宪法的一条基本原则被确立下来。从法理上来讲,对权利的承认的确会对一国的现代法治进程起到推进作用,但是在现实生活中,随着人们权利意识的觉醒,相互冲突的权利造成的纠纷也不断有扩大之势。那么如何来保障个人合理合法的权利的实现,又如何来防止权利的滥用造成的对他者权利的侵犯,在权利受到损害之后又如何能够进行有效的救济来弥补对权利的伤害?这些问题决不是能够一次彻底的解决,也不是一种手段能够完全解决,这需要一种全方位的解决手法。
In modern society, the realization of individual rights has been used as a measure of the level of social civilization. In China, the protection of rights has been established as a basic principle of the Constitution. From a legal point of view, the recognition of the right will indeed play a catalytic role in the process of a country's modern rule of law. However, in real life, with the awakening of people's rights awareness, the disputes caused by the conflicting rights are also constantly expanding . How to protect the realization of individual's reasonable and legitimate rights and how to prevent the abuse of rights caused by the violation of the rights of others and how to carry out effective remedies to remedy the rights damage after the rights have been damaged? It is not a one-off solution or a solution that can be completely solved. This requires an all-encompassing solution.