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Civil Rights In China - School Essays

Civil Rights In China

Introduction

This paper will analyze the legal theories of civil rights in China and its applications in the country itself. Throughout this paper, real cases across China will be mentioned in order to help readers understand the applications of the laws. Other than cases, comparative study between Australia and China will also be applied throughout this paper.

Classification of Civil Rights

The General Principles of Civil Laws (GPCL) broadly outlines civil rights enjoyable by the natural and legal persons. Civil rights in China basically are divided into two categories, i.e. personal rights and property rights as shown in the table below .]

Table 1 : Classification of Civil ...

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Rights Real rights Ownerships
Real rights over other's things
Usufructs Enterprise operation rights
Land use rights
Rural land operation rights
Homestead rights
Water resources use rights
Mining rights
Dian
Real Rights for security Mortgage
Pledge
Movable Property rights Watch, Tv, car, vessels
Immovable Property Rights Land, Houses
Creditor Rights
Inheritance rights
Intelectual property Patent
Trademark
Copyright

Source: China’s Civil Law, Zhu Yikun, 2003.
Personal Rights

Webster dictionary defined personal rights as rights appertaining to the person; as, the rights of a personal security, personal liberty, and private property. In China, personal rights refer to rights personality and status . In China personal rights are protected under the civil law and if a party infringed a specific person’s personal rights that party should bear civil liabilities.

Classification of Personal Rights

Personal rights ...

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student named Xiao Xu felt that his roommates, Xiao Han and Xiao Xie, infringed his bodily rights. Xiao Xu sued his roommates in the matter of his hair was cut bareheaded when he was asleep without his consent by his roommates. There were no verdict and date mentioned in this case but it clearly proved that the court accept cases of bodily rights and deal with it.

Second classification of civil rights is right to name and likeness, these includes right to name, right to trade name and right to likeness. In this instance natural person are entitled to rights of name and likeness while business entities are only entitled to rights to trade names . Thirdly, right to reputation and ...

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Civil Rights In China. (2011, April 12). Retrieved April 19, 2024, from http://www.essayworld.com/essays/Civil-Rights-In-China/97963
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PAPER DETAILS
Added: 4/12/2011 10:32:00 PM
Submitted By: olivia_allan
Category: Legal Issues
Type: Premium Paper
Words: 1664
Pages: 7

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