2011•Journal of Xi'an Shiyou UniversityRequires access

A Different View on the Essence of the Security Right

Shen Yongbing

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Abstract

It is an idea with logical defect to regard the security right as a real right,ist is also a mistaken comprehension that scholars have achieved based on copying the real right theory from Germany,Taiwan instead of looking into the essence of the real right.Through the analysis on the essence of the real right,especially the quality of the real right having the direct control over the substance,it is concluded that the security right is not the real right.By the comparison of the security right and the right of information,it is thought that the security right is one active right of information.

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What this paper is about

It is an idea with logical defect to regard the security right as a real right,ist is also a mistaken comprehension that scholars have achieved based on copying the real right theory from Germany,Taiwan instead of looking into the essence of the real right.Through the analysis on the essence of the real right,especially the quality of the real right having the direct control over the substance,it is concluded that the security right is not the real right.By the comparison of the security right and the right of information,it is thought that the security right is one active right of information.

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Available abstract

It is an idea with logical defect to regard the security right as a real right,ist is also a mistaken comprehension that scholars have achieved based on copying the real right theory from Germany,Taiwan instead of looking into the essence of the real right.Through the analysis on the essence of the real right,especially the quality of the real right having the direct control over the substance,it is concluded that the security right is not the real right.By the comparison of the security right and the right of information,it is thought that the security right is one active right of information.

Key concepts: Copying, Left and right, Exclusive right, New Right, Quality (philosophy), Computer science, Computer security, Law

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