Study on the Character and Function of the principle of prohibiting from abusing right

The principle of prohibiting from abusing nghts is originally derived from the civil law, and has become the fundamental principle of civil law gradually. It refers that any exercising rights that surpass its equitable scope shall prohibited by law. Principle of prohibiting from abusing rights is a legalized moral rule, and it is an equitable provision. It derives from good faith principle and has developed as an independent principle. It has important functions guiding legislation, judicature and practice of right institution. It also conformities the relation between people through adjust the relation between right ami interest.