What are the legal consequences of the abuse of civil rights

The principle of prohibiting abuse of rights refers to the fact that civil entities must correctly exercise their civil rights in the course of carrying out civil activities, and if the exercise of rights harms the interests of others and the public interest that are also protected, it constitutes abuse of rights. As for how to judge the abuse of rights, the General Principles of the Civil Law and relevant civil laws stipulate that civil activities must first comply with the law, and where the law does not provide for it, national policies and customs shall be observed, and the exercise of rights shall respect social morality, and shall not harm the public interest or disrupt the social and economic order.

Civil Law Provisions: Civil entities shall comply with laws and administrative regulations in their civil activities. Article 6 of the General Principles of the Civil Law of our country expresses the principle of abiding by the law as follows: civil activities must comply with the law, and if the law does not provide for it, the national policy shall be observed.

This is at the heart of the law-abiding principle, which is a fundamental principle of civil law. As a private law, civil law focuses on the legal adjustment of private personal interests and property interests, so there are many arbitrary norms that can be excluded through special consultation between the parties, as well as advocacy norms set up to protect the interests of the parties, and the provisions of Article 10, Paragraph 2 of the Contract Law of the People's Republic of China on the form of contracts are advocacy norms in civil law. Only when the parties have not agreed on the relevant matters or the agreement is not clear, can the arbitrary norm be used as a supplementary norm to make up for the lack of expression of intent of the parties.

Advocacy norms also do not have the effect of compelling the parties to follow. Failure to comply with advocacy norms is a risky act, and the person concerned may suffer the adverse consequences arising therefrom. Therefore, the principle of law-abiding generally does not include arbitrary norms and advocacy norms in laws and administrative regulations, but refers to the fact that the civil activities of civil subjects shall comply with the mandatory norms in laws and administrative regulations, and shall not be violated.

Legal analysis: (1) Punish false litigation in accordance with law. Where parties maliciously collude with each other, or impersonate others to initiate litigation, in an attempt to infringe upon the lawful rights and interests of others through litigation, mediation, or other means, the people's court shall reject their requests, and impose fines or detention as a crime, and pursue criminal responsibility in accordance with law.

2) Sanction illegal conduct in accordance with law. Those who do not obey the dissuasion of judicial personnel, such as making a disturbance, staying in the courtroom, or storming the courtroom, obstruct judicial personnel from performing their duties by violence, threats, or other methods, or fabricate facts, insult and slander adjudicators, and seriously disrupt the work of registering and filing a case, shall be fined or detained as a crime, and criminal responsibility shall be pursued in accordance with law.

3) Maintain the order of case filing in accordance with law. Where illegal sieges, sit-ins, pestering and making trouble, storming the courts, and so forth, interfere with the people's courts' lawful filing of cases, the public security organs are to give warnings, fines, administrative detention, and other punishments in accordance with the Law on Public Security Administration Punishments, and criminal responsibility is to be pursued in accordance with law.

4) Complete relevant legal systems. Strengthen the establishment of creditworthiness in litigation, standardizing the exercise of litigation rights. Promote the improvement of relevant legislation, clarifying the standards for administrative punishments, judicial punishments, and criminal punishments for false litigation, malicious litigation, vexatious litigation, and other abuse of litigation rights, and increasing the force of punishment.

Legal basis: Article 13 of the Civil Procedure Law of the People's Republic of China: Civil litigation shall follow the principle of good faith.

The parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law.

The protection of human freedom and equality is a fundamental and important issue in the Minkong Law. Rights are the institutional design of social cooperation and a legal tool for the rational distribution of the interests and burdens of civil subjects. If the abuse of rights will lead to the disorder of social order, follow me to understand the consequences of the abuse of civil rights.

The doctrine of abuse of rights

In the field of civil law, there are three main doctrines of abuse of rights. "The first is the doctrine of the main purpose, that is, the abuse of rights is the exercise of rights by the right holder in violation of the original purpose of the rights granted by law (the sociality of rights); The second is the boundary theory, that is, the abuse of rights is the exercise of rights beyond the legitimate limits prescribed by law; The third is the doctrine of mixed purpose and boundary, that is, the abuse of rights is exercised beyond the limits of rights, social or economic purposes or social impermissible. ”

The above three theories all point out the illegality of the abuse of power, but ignore the determination of the subjective psychological state of the perpetrator, so it is biased. Therefore, the definition of a party's abuse of civil litigation rights should not only examine its objective infringement of the intent of the right, but also its subjective intention to infringe on the interests of society or others.

Legal consequences of abuse of rights

1. The inherent effect of the exercise of non-property rights (the exercise of rights in this way is not permitted by law, but can still be exercised in other ways permitted by law).

2. Loss of rights (invalidation). The obligor may assert the defence of extinguishment of the right (mainly applicable to the case of contradictory acts). There is a close relationship between the loss of power and the abuse of civil litigation rights, which is manifested in the abuse of adjudication power, the abuse of litigation power, and the improper exercise of rights in the course of litigation.

The consequence of the loss of rights is the loss or lapse of the original litigation rights, which is an extremely severe sanction.

3. Bear tort liability (if the constitutive elements of infringement are met).

4. Compulsory license (to prevent the patentee from abusing the patent right). Article 48 of the Patent Law stipulates that the national patent administration department may grant a compulsory license to exploit a patent for invention or utility model due to the following two types of abuse of patent rights: (1) the patentee has not exploited or fully exploited the patent without justifiable reasons for three years from the date of grant of the patent right and four years from the date of filing the patent application; (2) The patentee's act of exercising the patent right is determined to be a monopolistic act in accordance with law, and the purpose is to eliminate or reduce the adverse impact of the act on competition.

Abuse of civil rights includes: breach of good faith; contrary to the public interest; The main purpose is to harm others. The parties shall follow the principle of good faith, fully perform their obligations in accordance with the nature, purpose, and transaction habits of the contract, and must not abuse civil rights to harm the national interest, the societal public interest, or the lawful rights and interests of others.

1. What are the basic principles for signing a contract?

The basic principles for concluding a contract are as follows:

1. The principle of equality. The parties to the contract have equal legal status, and one party may not impose its will on the other;

2. Voluntariness. The parties have the right to voluntarily conclude a contract in accordance with the law, and no unit or individual may illegally interfere;

3. The principle of fairness. The parties shall determine the rights and obligations of each party in accordance with the principle of fairness;

4. The principle of good faith. Parties exercising rights and performing obligations shall follow the principle of good faith;

5. The principle of the prohibition of abuse of rights and public order. When concluding and performing contracts, the parties shall abide by laws and administrative regulations, respect social morality, and must not disrupt the social and economic order or harm the public interest.

The principle of fairness requires that the rights and obligations between the parties to the contract should be fair and reasonable, and should be generally balanced, emphasizing the equivalence between the payment of one party and the payment of the other party, and the reasonable distribution of the burden and risk in the contract.

2. What are the principles for the protection of the right to perform a contract?

The performance of the contract shall follow the following two principles: 1. The principle of full performance. The parties shall fully perform their obligations in accordance with the agreement, that is, in accordance with the subject matter and the quality and quantity specified in the contract, the appropriate subject shall fully complete the contractual obligations in an appropriate performance period and place and in an appropriate manner.

A breach of any part of the contractual obligations by one of the parties in the performance of the contract is a violation of the principle of full performance. 2. The principle of good faith. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

3. What are the basic principles of contract performance?

There are three principles that should be followed in the performance of the contract: 1. The parties shall fully perform their obligations in accordance with the agreement. 2. The parties shall follow the principle of good faith and perform the obligations of notification, assistance, confidentiality and other obligations according to the nature, purpose and transaction habits of the contract.

3. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 132 of the Civil Code.

Civil entities must not abuse civil rights to harm the national interest, the societal public interest, or the lawful rights and interests of others.

Article 509.

The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Civil rights are the scope of interests granted by law to civil subjects and the will to perform certain acts or not to achieve certain interests for certain acts. It includes: a kind of interest directly enjoyed by the right holder (such as personal rights) and benefits obtained through certain acts (such as property rights); The right holder himself or not for a certain act or for a certain act and requests others to do a certain act or not for a certain act, so as to ensure that it enjoys or realizes a benefit; In the event of a violation of rights, it is possible to request protection from the relevant State authorities.

Article 109 of the Civil Code of the People's Republic of China: The personal freedom and personal dignity of natural persons are protected by law. Article 110 of the Civil Code of the People's Republic of China: Natural persons enjoy rights such as the right to life, the right to body, the right to health, the right to name, the right to portrait, the right to reputation, the right to honor, the right to privacy, and the right to marital autonomy. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.

Article 111 of the Civil Code of the People's Republic of China: The personal information of natural persons is protected by law. Where any organization or individual needs to obtain the personal information of others, it shall obtain it in accordance with law and ensure the safety of the University, and shall not illegally collect, use, process, or transmit the personal information of others, and shall not illegally buy, sell, provide, or disclose the personal information of others.