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随着人类社会的发展与进步,人们对自身生存条件的要求也越来越高,民事法益内容势必发展变化,新的民事法益将会不断生成。在此情形下,期望在民法中通过民事权利的形式将应当受到保障的民事法益尽数列举的愿望是不现实的,由此产生了未上升为民事权利的法益,作为民事法益的一个下属概念。相对于已上升为民事权利的法益,未上升为民事权利的法益意蕴和确认形式如何,其研究意义何在,如何证成和保障,这些问题的研究和解决,对于进一步完善我国民事法益制度,加强我国民事法益的法律保障具有重要意义。
With the development and progress of human society, people’s requirements for their own living conditions are also getting higher and higher. The content of civil law and interests is bound to develop and change, and new civil law benefits will continue to emerge. Under this circumstance, it is unrealistic to expect that all the civil law should be protected in the civil law through civil rights. Therefore, the legal interest that has not risen to civil rights arises as a subordinate concept of civil law. Compared with the legal benefits that have risen to civil rights, the meaning and the confirmation form of the legal benefits that have not risen to civil rights, what is the significance of the study, how to prove it and how to safeguard it? The study and resolution of these issues are very important to further improve the civil legal system in our country and strengthen our civil affairs Legal protection of legal protection is of great significance.