Civil rights are used to illustrate the constituent elements of legal power

Civil rights refer to the scope of interests enjoyed and protected by law by civil subjects in accordance with the law or the possibility of carrying out certain acts (to achieve certain interests). To put it simply, it is the right of the right holder to choose whether to carry out or not to carry out certain acts.

Objective constituent elements may include the subject of the act, special identity, conduct, result, and the causal relationship between the act and the result, etc., corresponding to the subjective constituent elements.

The constituent elements of the Tort Liability Law are basically covered.

Article 2: Those who infringe on civil rights and interests shall bear tort liability in accordance with this Law.

"Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, health, name, reputation, honor, portraiture, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security interests, copyrights, patent rights, exclusive rights to use trademarks, rights of discovery, equity, and inheritance.

According to the different nature of the subject matter of the right, civil rights can be divided into property rights and personal rights. Property rights refer to rights that are separated from the person and have property value, such as property rights, creditor's rights, etc. Personal rights refer to rights with personal interests as the subject matter, such as the right to life and health, the right to name, the right to portrait, etc.

The significance of distinguishing between property rights and personal rights lies in the fact that when property rights are violated, the question of compensation for moral damages generally does not arise.

According to the role of rights, civil rights can be divided into the right to control, the right to request, the right to form, and the right to defend. Domination rights such as property rights, intellectual property rights, personal rights, etc. The right of formation includes the right of revocation, the right of rescission, the right of retrospective recognition, the right of choice in the debt of choice, etc.

According to the different effects of rights, civil rights can be divided into absolute rights and relative rights. According to the different status of each right in several interrelated civil rights, it can be divided into master rights and subordinate rights; According to whether the rights are transferable, they can be divided into exclusive rights and non-exclusive rights.

Legal analysis: Civil rights are the legal qualifications obtained by civil subjects in accordance with civil law to carry out certain acts or obtain certain benefits. The content of civil rights can be summarized into three aspects, that is, the person who enjoys the right can directly enjoy a certain benefit or carry out certain acts within the scope of the law; The person who has the right may require the person with the obligation to perform a certain act or to perform a certain act without being dusty; Persons entitled to rights have the right to seek protection from the law when their rights are violated.

Civil rights are the most basic rights of citizens to exist and live in society, and they are also the rights most closely related to the daily life of citizens. In terms of the specific content of rights, civil rights mainly include property rights and personal rights. Property rights refer to civil rights with property as the object and property interests as the content, such as property rights, creditor's rights, etc.; Personal rights refer to civil rights that take specific personal interests as the object and do not reflect the content of property, including personality rights and identity rights.

Some civil rights are both property rights and personal rights, such as intellectual property rights, inheritance rights, etc.

Legal basis: Civil Code of the People's Republic of China

Article 13: From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.

Article 14: All natural persons have equal capacity for civil rights.

Article 15: The time of birth and death of a natural person shall be based on the time recorded in the birth certificate or death certificate; Where there is no birth certificate or death certificate, the time recorded in the household registration or other valid identity registration shall prevail. If there is other evidence sufficient to overturn the above record, the time of the evidence shall prevail.

Personal rights refer to the civil rights granted by law to civil subjects that are inseparable from the continuation of their lives and identities and have no direct property content 4. Intellectual property rights: also known as the right to intellectual achievements, refers to the general term of the rights enjoyed by the creators of the intellectual achievements of the demolition bureau and the owners of industrial and commercial production and operation marks in accordance with the law. 5. Right of property inheritance:

The right to inherit property refers to the right of a citizen to inherit the lawful property left by the deceased in accordance with the law.

Article 36 of the General Principles of the Civil Law of the People's Republic of China [Definition of legal person and its rights and capacity for conduct] A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with law. A legal person's capacity for civil rights and civil conduct arises when the legal person is established and is extinguished when the legal person is terminated.

The first is the doctrine of meaning, that is, the belief that rights are the scope of the free exercise or free disposal of an individual's will; The second is the theory of Naisou interests, which holds that the essence of rights is the interests protected by law; The third is the theory of legal force, which holds that rights are essentially the force of law, and rights are always composed of two elements: specific interests and legal force.

The above three views have a certain degree of reasonableness, and all of them partially reveal the essence of the concept of civil rights, but they are also not comprehensive. Civil rights are a comprehensive form of interest concept, which is a systematic and systematic expression of civil interests, which is based on the will of the parties and is protected by the coercive power of the state. The understanding of civil rights should be comprehensively understood from different perspectives.