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On the Constitution of Civil Rights and Obligations
From a dialectical point of view, rights and obligations have both differences and connections, as well as oppositions and unity. Ignoring any kind of relationship is unscientific and incomplete. Generally speaking, people pay more attention to the difference, opposition and complementary relationship between rights and obligations, and less attention to the deeper unified relationship between them. That is, essential consistency. In fact, obligation is not an alien independent of rights, but a tough bunch of branches on the tree of rights. It is a special form of right, an objectified right, and a right whose subject and content have changed. Only when each right subject does his duty can he realize and safeguard his rights conditionally. This shows that the true content of the obligation and the goal of setting the obligation are still certain rights and interests. The obligation itself is only the responsibility to realize certain interests and enjoy certain rights. From the perspective of civil law, right is a legal and technical means of interest distribution, while obligation is another technical concept (only legal interests are allowed) established to make this interest distribution normal, so obligation is set for right. Rights define interests and obligations define rights. The motivation, purpose, emphasis and implementation point of obligation setting all revolve around the central axis of right definition and benefit distribution. All kinds of prohibitive norms and mandatory norms in the law are not for obligations, but for restrictions. Their purpose is to prevent people from obtaining illegitimate rights and preventing people's legitimate rights from being violated. It is the legislation of slave owners and many feudal rulers to push almost all the obligations to the exploited class, and their purpose is also to safeguard the rights and interests of the exploited class.

Law regulates people's behavior and social relations with rights and obligations as the mechanism. It is precisely because of their special position in law that different legal disciplines discuss this issue in different ways. However, due to various reasons, so far, people's understanding of the relationship between rights and obligations is not deep. Therefore, the theoretical viewpoints that summarize these understandings often cannot withstand careful scrutiny to a great extent. Some of them are groundless. Some stay at the level of inductive phenomena, some are specious, and some are obviously wrong. The author believes that the study of the relationship between rights and obligations must be based on the following principles: first, we must adhere to the principled stand of Marxist materialism and dialectics, and we must analyze living legal phenomena and summarize and discover laws from the whole historical process of the emergence and development of rights and obligations; Secondly, the theory of the relationship between rights and obligations should fully reflect some inherent laws of the relationship between them, which should be a high degree of unity of legal values, norms and factual operation; Third, the theory of the relationship between rights and obligations should fully reflect the * * * essence of human social laws, which is of universal significance. On this premise, this paper analyzes the relationship between rights and obligations, and tries to sum up the general law of the development of the relationship between rights and obligations under the guidance of Marxist philosophy and by combing the existing theories, which also provides a dialectical idea for legal research.

Generally speaking, we must first understand that rights and obligations are relative to the law. Specifically, rights and obligations are antagonistic, inseparable and interdependent. Rights and obligations correspond to each other. Without rights, there is no obligation. There is no obligation without rights in the world, and there is no right without obligations, but at the same time we can give up enjoying rights, but we can't give up fulfilling obligations. These two functions are complementary.