Social power is like a theoretical multi -dimensional prism、Practical rights savings tank。Analysis framework of "National -Society" based on historical materialist law，Social power is the right to the social right，It is the right to take a certain social material living conditions。Social rights may not be based on clear laws，Initial sense is usually reflected as a habit of right。

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Habit，It is a behavioral specification for people spontaneously formed in social life and has certain repetitiveness and binding force。The right to habit is formed on the basis of a specific production relationship，Demand expression generally recognized in terms of psychology and value。Marx's early writing "Debate on the Forest theft Law"，Analysis of the rights of working poor habits，It is clearly revealed that the method is reflected in the rights of the social entity。Social power of the original meaning is presented as the right to survive in the subject of society，It originated from the habit of social subjects。Bet365 app download At that time, the Prussian government intends to legislate to pick up the dead branches as theft，But this is an important means for many labor -working poor to make a living，I have never been banned before。Marx believes that this is the habit of the poor poor，The hard -working slums formed based on the need for a living.，We will see，This class not only feels desire to satisfy natural needs，And also feel that there is a need to satisfy your legitimate desire "。In short words，The need to make a living for the poor is a natural need for nature，Is the right to survive，Is natural rights，This right is naturally presented in a habitual form。

Marx thinks，"There are instinctual laws in these habits in the poor class，The root of these habits is practical and legal，The form of customary method is even more natural "。Habit and rights have native spontaneous，often the "predecessor" of legal rights，It is the direct claim formed by the social conditions under the action of a certain social conditions，Its form is naturally agile，The first certificate of human value and dignity。Compared to legal rights，The reflection of the right to the right to a certain social and economic relationship is more direct，Bet365 app download No need to be confirmed by the ruling class。The habit of the poor class spontaneous interaction，Often more commonly and accurately carry social justice guidelines and value concepts。

　　Social rights to respond to the difference in material interests

The majors learned from Marx in Marx were laws，It has involved in philosophy、History、Economics and other disciplines，He frankly edited the "Rhein" "The first time I encountered difficulties to express opinions on the so -called material interests"。Young Marx noticed the difference in material interests that divided the society into different classes，and dominate the formulation and implementation of the law。Marx has heard Savini's full teaching "Theory Confinement" during his college，Undoubtedly familiar with the mechanism of civil law: The dead branches are the natural interest of the forest，For the natural interest of the main forest wood，Legal ownership belongs to the owner of the owner or use the beneficiary right。But，Marx's argument that "picking up dead trees and stealing forest trees is two different things in essence" avoided the above legal，Instead of resorting to natural force。

"Nature itself seems to provide an example of the opposition between bet365 live casino games the rich and the poor: on the one hand, the dry branches and trees that have been broken out of organic life，On the other hand, the trees and trunks of the deep leaves，The latter organically assimilates the air、Sunshine、Moisture and Earth，Make them into their own form and life。This is the natural performance of the rich and the poor。The slum feels quite similar to this，and extend their own property rights from this similar sense; the poor think，Since the natural organic wealth is given to the owner who is pre -calculated in advance，So，Natural poverty should be handed over to the need and accidental。In this activity of natural forces，The slum feels a kind of friendly、Power more humane than human power。》 ""，Although very infectious，But the legal proof is insufficient。Marx attribute natural forces to "friendly、Power more humane than human power "，However。

　　Social rights can correct the structure of injustice

Why can the mechanism of civil law be intervened for social rights，After decades of observation、Reading and thinking，Marx finally gives the answer in "Capital" and its manuscripts: the production of poverty and workers in the capital structure of exploitation。Social wealth in capital operation continues to Bet365 lotto review grow with increasing poverty synchronization of workers who create social wealth。For the workers，"One pole is the accumulation of wealth，At the same time in another pole，In terms of the class that uses your products as a class that produces capital，Is poverty、Labor torture、Servant、ignorance、The accumulation of rough and moral degradation "。This is not a worker who does not work hard，Instead of alienation from labor -funded relations that leads to capital。Workers sell their own labor，Capital owners on the one hand down the price of labor as much as possible，On the other hand, improve the output of labor as much as possible，To obtain the maximum profit of capital。Under alienation，The more social wealth，The lower the proportion of the workers to the total social wealth，The more deprived the capital owner，The more weak in the social structure。

Marx reminds that "capital is more and more manifested as social power ... manifests as alienation、Independent social power，This power is used as a thing ... opposite society "。It is true，Capital is a double -edged sword，"The material production movement of modern society has continuously created a new basic need to be used as the driving bet365 Play online games force for capital continuous proliferation，but did not provide the workers with the means to fully meet these basic needs at the same time "，The workers are continuing to produce their own rights poverty。The right of the workers is not limited to their own body，Even limited the talent fulfillment and ability development of workers' children。

The essence of social rights under the market operation structure is to help workers realize transcendence of labor commodity attributes，Ensure social security and substance equality。The function of social rights is the social deprivation of correction capital，Realizing social structure justice。This is the social rights law revealed by historical materialism。

　　(The author is a professor at the School of Law of Jiangsu University、Special Researcher, Special Researcher at the China Institute of Law Modernization, Nanjing Normal University)