Explore its implementation path through the program theory of rights
November 29, 2023 14:39 Source: "China Social Sciences", November 29, 2023, Issue 2783 Author: Dai Mengyong

"The nature of the right to right and the inherent value of the person" is the theoretical field of the author's cultivation rights for decades、Focus on the crystallization of the category of legal rights。Follow the author's thinking into the way,Readers can start from the reasons and premise of the existence of rights,Explore the best path to realize the right to realize rights is human inherent value,Allegation of the charm of the subject consciousness and the spirit of rights。

  

 

"The essence of rights of rights and the inherent value of people",Peng Chengxin,Legal Press 2022 Edition

  

 Bet365 lotto review  

At the beginning of this work,The author's proposal,The emergence and formation of private rights theory,and personal self -subject consciousness and the recognition of the law of the law is closely related to the degree of respect,The study of private rights must start with the subjectivity。In his opinion,Modern society that is generally recognized in the legal subject of people,Equality、Freedom、The value of rights as the base is self -evident。But if you continue to see these values ​​as bet365 live casino games the ultimate theoretical value,Based on this system design and theoretical demonstration,It will be difficult to achieve the development and innovation of the theory of rights in the new era。The author thinks,When the subject qualification of a person is generally recognized by the law,Traditional equality、Freedom、Equal value of rights will not have a unified connotation,Because people who have the consciousness of the subject have a personalized understanding of this。Reflected in the system design principle,The system for achieving these values ​​is not to provide people with a formula value mode with fixed and unique connotation,and in ensuring that people participate in the creation of institutional procedures that can realize these values。From this,He emphasizes the importance of programming value in modern society。

The author thinks,It is legal to be given the qualifications of an equal subject、People who have the subjects themselves,A legitimacy evaluation of the interests,The legitimate evaluation procedure of establishing interests,The results of the evaluation of interests,Especially to protect the legitimate interests into rights。This is the program theory of the right advocated by the book。Specifically,Bet365 lotto review Rights originated from the interests of the subject,Different interests must be evaluated by the legitimate participation。Only by the subject's evaluation and clearly recognized or at least non -denying interests (legitimate interests),Only legally manifested as rights。In interest、Justice、In the three important categories of rights,The interest is the subjective desire of the subject or the pursuit of freedom for desire,Justice is a legitimate program for evaluating interests,Rights are the evaluation results of interest based on the principle of justice (legitimate interest)。From this,This theory has opened up interests、The relationship between justice and rights: The essence of rights is legitimate interest,Justice is the core of rights,It is a bridge for interest to the rights。

  The theory of three levels and principles of private rights 

Based on the establishment of a source of rights (from the interests of the main body's interests) and the essence of rights (legitimate interests),The author will deepen his vision into the field of private law,Based on the legitimate interests of the subject of rights,By analyzing the importance and association of interests to the subject,Posted basic rights、Auxiliary rights、Three -level theory Bet365 lotto review of private rights for relief rights。In these three levels,Reflecting the interests of the main property、The basic rights of personality and identity and freedom value are the core; the right to request、Debate right、Auxiliary rights such as the right to form the right to form are the methods that are the subject to protect the basic rights or eliminate the obstacles in the process of realization of the basic rights; The negative implementation of rights。This theory has developed the theory of distinguishing between the rights and relief rights of traditional civil law,The relationship between the three levels of private rights is more three -dimensional and full。

The author pointed out,Three -level theory of private rights is only for the famous rights (that is, regular rights)。Those who have not been explicitly stipulated by the law,But the judge needs to use the principle of civil law、The method of application of law、A form of interest with legitimacy and needs to be protected,It also belongs to rights essentially,He calls principle rights (also known as right or ring name)。The proposal of this principle right theory,Identification for people in practice、Research and solve the right to sacrifice、New rights such as personal bet365 Play online games information rights provides theoretical ruler。

 The realization of subjectivity and rights 

The author thinks,All systems including the legal system,If you want to maintain the best state and realize human value,Finally relying on the good people behind the system,People with inherent value。"People" here,First of all,Followed by people who participate in the creation and implementation of various social systems including rights,Finally, there is "internal value"、People with justice and goodness。Seeking、Establishment、In the process of realizing justice,The author's reasons and prerequisites for the existence of subjective deepening rights,The subject is both the judgmenter of justice or the determination of the right content,It is also the beyond the shame of the right of rights。

So,Persevere in the inherent value of people is the ultimate ethical basis for realizing rights。The main body is the premise of the existence of rights,The existence of the right system is protected and realized the main interests。but,It cannot be completely relying on the rights system、Really realize this value,In the end, you must rely on the subjective consciousness of the person itself。The realization of the value of rights is not the improvement of the system itself,and the perfectness of the bet365 best casino games subject personality。Laws of justice also require the subject with inherent value to achieve,The legal subject is ultimately moral subject。The essence of the spirit of rights is the subject consciousness of those with inherent value。This discussion of the relationship between subjectivity and rights,refreshing。

Overall,This book cleverly combines free will with legitimate interests,This is in line with the common sense of real life、Following the concept of legal justice、New rights theory that can promote social development。Of course,How to enhance the operability of this right theory,How to establish a legitimate evaluation procedure of interest,How to use this theoretical demonstration and test personal information right、Data property rights, etc. are being formed,Such issues that need to be further studied。

  (The author is a professor at the School of Civil, Commerce and Economics of China University of Political Science and Law) 

  

Editor in charge: Cui Bohan
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link:

Website filing number: Jinggong.com Anxian 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website Contact: 010-85886809 Address: Building 11-12, Building 1, Building, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026