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On the relationship between rights and obligations
The law of legal rights and obligations is a code of conduct that stipulates people's rights and obligations. Its main spirit is to emphasize the unity of rights and obligations. To correctly treat the relationship between rights and obligations, citizens should not only exercise the rights endowed by law, but also fulfill the obligations endowed by law. We should form a correct sense of citizenship, use socialist laws as a weapon to defend our legitimate rights, and when enjoying the rights owned by individuals, we should not forget to respect and recognize the legitimate rights and interests of others, nor forget to fulfill our obligations to the country, society and others. At the same time, we college students should cultivate the concept of the unity of law and freedom. When exercising rights, we should carefully consider the social effects of our own speech and behavior, and must not harm the interests of the state and the collective or the legitimate rights and interests of others. Finally, we should cultivate college students to establish the concept of equality before the law. Rights and obligations are dialectical unity. They correspond to each other, depend on each other, transform each other and are inseparable. Any right must be accompanied by one or more obligations to ensure its realization; The existence of obligation is the premise of the existence of right, and the obligee must fulfill the obligation to enjoy the right; The same person is both the subject of rights and the subject of obligations in legal relations. Under certain conditions, the obligee should assume obligations, and the obligor should enjoy rights under certain conditions. Rights and obligations are the core content of all legal norms, legal departments and even the whole legal system. The whole process and mechanism of legal operation (such as legislation, law enforcement, justice, law-abiding, legal supervision, etc.). ), no matter how complicated its specific form is, it is nothing more than centered on the two core contents and elements of rights and obligations. That is to determine the boundaries of rights and obligations, rationally distribute rights and obligations, handle disputes and conflicts related to rights and obligations, and ensure the realization of rights and obligations, and so on. First, about rights. The word right can have different meanings, such as moral rights, natural rights, customary rights, legal rights and so on. Scholars' explanations about the nature of rights are also quite different, mainly including: First, freedom, that is, right is freedom. Second, the scope theory holds that rights are the scope that people are allowed to act by law. Third, voluntarism holds that rights are the power of will or the power of will endowed by law. Fourth, the interest theory holds that rights are interests protected by law. Fifth, the compromise theory holds that rights are interests protected by will power or will power. Sixth, the theory of mana holds that rights are a kind of legal power. Seventh, the qualification theory holds that right is a person's qualification to do something. Eighth, rights are people's possession of something or their claims to something. Ninth, the possibility theory holds that the right is the possibility for the obligee to do or ask others to do something. Tenth, the theory of choice holds that the right is that the law recognizes that one person has a better choice than another. The so-called legal right is the means by which the state allows and guarantees the subject of legal relationship to decide to do something independently through legal provisions. Its characteristics are: first, the essence of rights is determined by legal norms and recognized and guaranteed by the state. When people's rights are violated, the state should ensure the realization of rights by punishing the infringing acts. Second, the right is the behavior that the right subject decides whether to implement it according to his own wishes, so the right has certain autonomy. Third, rights are legal means to protect certain interests. Therefore, rights and interests are closely linked. The interests of rights protection are not always their own interests, but also the interests of others, collectives or countries. Fourth, rights are always linked with the obligations of the obligor. Without obligations, rights cannot be guaranteed. Second, about obligations. Obligation is generally used in the following meanings: first, it refers to the scale (or scope) of the obligor's necessary behavior; Second, it refers to the legal constraint that people must perform certain actions or omissions; Third, it refers to the necessity for people to do certain behaviors. The nature of this obligation is manifested in two aspects: first, this obligation refers to people's "should" behavior or future behavior, not the behavior that people have actually performed. The "due" behavior that has been performed is the realization of the obligation, not the obligation itself. Secondly, the obligation has the nature of compulsory performance, and the obligor cannot transfer or violate the content of the obligation at will. Obligation consists of two parts in structure: first, the obligor must make certain behaviors according to the content of rights. Legally, it is called obligation or positive obligation (such as supporting parents, raising children, paying taxes, performing military service, etc.). ). Second, the obligor's obligation not to do something is called "obligation of omission" or "negative obligation", for example, not to destroy public property, prohibit illegal detention, prohibit extorting confessions by torture and so on. Third, the classification of rights and obligations. First, according to the difference between the fundamental law and the common law, rights and obligations can be divided into basic rights and obligations and ordinary rights and obligations. Basic rights and obligations are the basic rights and obligations of the people in the country's political life, economic life, cultural life and social life stipulated by the Constitution. Ordinary rights and obligations are the rights and obligations stipulated by ordinary laws outside the Constitution. Second, rights and obligations can be divided into absolute rights and obligations and relative rights and obligations according to the corresponding subject scope. Absolute rights and obligations, also known as "rights to the world" and "obligations to the world", are the rights and obligations of unspecified legal subjects, and absolute rights correspond to unspecified obligors; Absolute debt corresponds to unspecified creditors. Relative rights and obligations, also called "personal rights" and "personal obligations", correspond to specific legal subjects, and "relative rights" correspond to specific obligors; "Relative obligation" corresponds to a specific obligee. Third, according to the nature of the subject of rights and obligations, rights and obligations can be divided into individual rights and obligations, collective (legal person) rights and obligations and national rights and obligations. Individual rights and obligations refer to the legal rights and obligations enjoyed by individual citizens (natural persons). Collective (legal person) rights and obligations are the rights and obligations of state organs, social organizations, enterprises and institutions. The rights and obligations of the state are the rights and obligations of the state as the subject of legal relations in international law and domestic law. Fourth, the relationship between rights and obligations. As the core content and element of law, the connection mode and structural relationship between rights and obligations are very complicated. First of all, structurally, the two are closely related and inseparable. As Marx said: "Without obligation, there is no right, and without right, there is no obligation." Therefore, rights and obligations cannot exist and develop in isolation. Their existence and development must be based on each other's existence and development. One of them no longer exists, and the other one can't exist. Secondly, in terms of quantity, the total amount of the two is equal. In this regard, some scholars have made a detailed logical deduction: if neither enjoying rights nor fulfilling obligations are expressed as zero, then the relationship between rights and obligations can be expressed as a number axis extending from a zero starting point to two opposite directions. Rights are positive, obligations are negative, positive numbers are extended by one scale every time, and the absolute values of positive numbers and negative numbers are always equal. Thirdly, from the perspective of production and development, the two have experienced a process from unity to division, opposition to relative consistency. In primitive society, because there is no legal system, the boundary between rights and obligations is not clear, and the two are actually mixed. With the emergence of class society, the state and law, rights and obligations are separated. In the legal system of the exploiting class, there is even an imbalance in the distribution of quantity between the two: the rulers only enjoy rights, but impose almost all obligations on the ruled. The establishment of the socialist legal system and the implementation of the principle of "rights and obligations are consistent" have brought the relationship between them into a new stage. Finally, from the value point of view, rights and obligations represent different legal spirits, which have received different attention in history, so their positions in different countries' legal systems are clearly defined. Generally speaking, in a hierarchical privileged society (such as slave society and feudal society), the legal system often emphasizes the obligation as the standard, and rights are in a secondary position. In a democratic society ruled by law, the legal system pays more attention to the protection of individual rights. At this time, rights are the first, obligations are the second, and the purpose of obligation setting is to ensure the realization of rights. The rights and obligations enjoyed by citizens usually refer to certain rights and interests granted to citizens by the Constitution and laws. Among them, the civil rights stipulated in the Constitution are called the basic rights of citizens. The basic rights enjoyed by citizens are: the right to equality; Political rights and freedoms; Freedom of religious belief; Social and economic rights; Cultural and educational rights; Freedom of marriage; Women enjoy equal rights with men, etc. Citizen's obligation usually refers to the responsibility that citizens must bear according to the constitution and laws, among which the citizen's obligation stipulated in the constitution is called the basic obligation of citizens. Citizens' obligations can be roughly divided into three categories: 1, which are citizens' obligations to the country. Such as safeguarding national security and interests. 2. It is the obligation of citizens to society, such as observing public order and respecting social morality. 3. It is the obligation that citizens perform to certain specific people, such as parents educating and raising minor children and adult children supporting and helping their parents. The relationship between rights and obligations (1) Rights and obligations are equal. 1. Citizens enjoy the rights stipulated by the Constitution and laws equally and perform their obligations equally. It is not allowed to enjoy rights without performing obligations or perform obligations without enjoying rights. 2. The judicial organs apply laws to citizens and treat them equally. No citizen has the privilege of transcending the Constitution and laws. Everyone is equal before the law. (2) the rights and obligations are consistent. 1. A certain content is one's own right or obligation, relatively speaking, it is the obligation or right of others. The rights and obligations of citizens are interdependent and inseparable. 2. A certain content is only an obligation, not a right, but citizens can benefit from fulfilling their obligations. Explain that rights and obligations complement each other and promote each other. Citizens can enjoy the richness of material life and the satisfaction of spiritual life brought by state taxation from their own fulfillment of obligations. The higher the citizens' consciousness of fulfilling their obligations, the richer the country will be, and the more secure the citizens' freedoms and rights will be. The more citizens' freedoms and rights are guaranteed, the more they can be promoted to fulfill their obligations consciously. In other words, citizens fulfill their obligations for the country and society and create conditions for realizing their rights; The state enables citizens to enjoy the benefits of fulfilling their obligations, and can also urge citizens to consciously fulfill their obligations. The individual interests of citizens are fundamentally consistent with the interests of the state and the collective. 3. A certain content is both a citizen's right (obligation) and an obligation (right). It is manifested in the combination of civil rights and obligations, which is dual. For example, citizens' right to work and education are both citizens' rights and obligations. In law, rights and obligations always appear at the same time, and they show the following interrelationships. From the legal point of view, the relationship between the two is also like this: 1, the corresponding relationship in legal relations. This correspondence means that any legal right has corresponding legal obligations, and the two are interrelated and unified. As Marx pointed out: "Without obligation, there is no right, and without right, there is no obligation." Labor and education are both rights and obligations. 2. Reciprocity in social life. This is mainly manifested in the fact that the total amount of rights and obligations is roughly the same. If the total amount of rights is greater than the total amount of obligations, some rights are nominal; If the total amount of obligations is greater than the total amount of rights, there is privilege. In a specific legal relationship, the total amount of the two is equal, such as the creditor's rights and debts are equal and equal. 3. The functions are complementary. The enjoyment of legal rights helps to actively fulfill legal obligations. In many cases, the debtor will not perform his obligations without claiming rights. Legal obligations are also legal responsibilities, and the actions and omissions required by the obligation norms must be prohibited. If the legal subject can treat his obligations in this way, it will certainly help to realize his rights and establish a good order. 4. Master-slave relationship in value selection. In any kind of legal system, there are both rights and obligations, so that people's social behavior can be adjusted by law. However, due to the different nature of the country and society, people's value choices are also different. Therefore, some legal systems are based on obligations. For example, since the slave society began to have laws, a series of legal systems in history "on the one hand, almost all the rights were given to one class, on the other hand, almost all the obligations were pushed to another class. The obligation stipulated by law is the social responsibility that every citizen must bear. We college students should learn the relationship between rights and obligations, solve the problem of their lack of rights and obligations, and enhance their sense of social responsibility. In the relationship between rights and obligations, some people overemphasize their own rights, ignore the rights of others, and even harm the rights of the collective and others in order to realize their own rights; Some people only talk about what the state, the collective and others should do for themselves, and they don't talk about what they should do for the state, the collective and others, lacking the basic concept of obligation. We college students should deeply realize that responsibility is the basic project of moral construction, and fulfilling obligations is the basic requirement of law-abiding usage. We college students should faithfully fulfill our obligations to the country, people and society, and actively assume their social responsibilities, whether during school or in the future. Dedication is the basic quality of a qualified college student, the basic requirement of college students' all-round development and an important way to realize their all-round development. Obligations can be divided into statutory obligations and non-statutory obligations. Statutory obligation refers to the obligation expressly stipulated in the Constitution or other laws. Failure to fulfill this obligation will violate the law and be punished by law. Obligations that are not expressly stipulated by law are non-statutory obligations. Non-statutory obligations are related to customs and morality, and fulfilling non-statutory obligations requires dedication. It is an important learning task for every college student to strengthen the study and understanding of non-statutory obligations and consciously raise moral requirements to mandatory requirements. Only by completing this learning task can we realize more deeply that if a person wants to enjoy his rights, he must fulfill his obligations first, and only by fulfilling his obligations can he ensure the realization of others' and his own rights, so as to continuously improve his consciousness of fulfilling the legal obligations bound by compulsion and the moral obligations bound by non-compulsion, and make dedication the value orientation for the healthy growth of our college students.