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When it comes to what capacity for civil rights includes, many people's first reaction is civil rights. In fact, although they look very similar, their meanings are quite different. In order to better understand and distinguish them, let's start with the characteristics of civil rights capacity and understand them clearly. The difference between them is obvious.
First, the characteristics of China's civil power capacity are as follows:
(A) subject equality
The equality of China citizens' capacity for civil rights is mainly manifested as follows:
1. People's Republic of China (PRC) citizens are equal regardless of nationality, race, sex, age, occupation, political attitude, religious belief, education level, position, property status and length of residence, and there is no difference in civil rights and functions.
2. People's Republic of China (PRC) citizens, regardless of their status, have the right to participate in civil legal relations on an equal footing, acquire civil rights and assume civil obligations.
3. All citizens in People's Republic of China (PRC) have the right to bring a lawsuit to the people's court in accordance with the law when their legitimate civil rights are violated, requesting the people's court to punish the infringer through legal means, so as to provide legal protection for the realization of citizens' legitimate civil rights and interests.
(B) the unity of content
The content of a citizen's capacity for civil rights refers to all kinds of primitive civil rights that a company can enjoy and the scope of undertaking all kinds of civil obligations entrusted by law. The civil rights enjoyed by the company and the civil obligations undertaken are unified, and there is no right or obligation not to undertake the rights.
Realistic possibility of realization
The capacity of civil rights enjoyed by China citizens has the realistic possibility of realization, which is embodied as: 1. The civil rights enjoyed by China citizens have a material basis for realization, which can guarantee them to exercise various civil rights. 2. The current legal system in China provides effective legal protection for citizens to realize their civil rights.
Second, the difference between civil capacity and civil rights.
1, the former is directly given by law, not decided by anyone. The law not only stipulates who can enjoy civil capacity, but also stipulates the scope of civil capacity. The latter is decided by the individual and can only be enjoyed by participating in a specific legal relationship. The scope of its rights depends not only on social and economic living conditions and legal provisions, but also on personal property status.
2. The former is the qualification and possibility of enjoying rights and obligations, not the actual interests enjoyed by civil subjects. Civil rights are based on certain practical interests.
3. Capacity for civil rights is the premise of enjoying rights and undertaking obligations. As a specific condition of subject qualification, I can neither transfer nor give up, and I can't dispose of it by myself. Unless otherwise provided by law, civil rights can be disposed of by themselves. According to the different civil subjects, civil capacity can be divided into civil capacity and legal capacity.
To sum up, the capacity for civil rights includes many contents such as the qualification and possibility of enjoying rights and undertaking obligations, and civil rights represent practical interests. They mean completely different things. Once confused, it will only bring you a lot of trouble. It is the right way to clarify their characteristics as soon as possible and make it clear. For more information, please visit our website.