Traditional Culture Encyclopedia - Traditional stories - Do right and power mean the same thing?

Do right and power mean the same thing?

Rights refer to legal rights, which are certain rights granted to citizens by the Constitution and laws.

This kind of rights and interests can be manifested in that the obligee has the right to do or not to do certain acts, that the property owner can possess, use and dispose of his own property within the scope permitted by law, and that the obligee has the right to ask others to do certain acts or restrict certain acts.

Power has two meanings, one is political coercion, such as state power, and the other is dominant power within the scope of duties, that is, authority, such as exercising the power of the president of the general assembly.

Interest and power are interdependent, interpenetrating and transforming each other. They are unified and balanced, but at the same time they are different and have their own characteristics.

First of all, the behavior subject is different from the behavior attribute. The distinction between power (or authority) and right mainly comes from the subject of behavior. The subject of rights is generally what citizens, legal persons and other societies want (state organs are also the subject of rights when they conduct civil acts). The subject of power can only be authorized state organs and their specific staff. According to its behavior attribute, right behavior is generally civil behavior and social and political behavior; Power behavior is generally legislative behavior, administrative behavior, judicial behavior and other official behavior, also known as "authority", which is a kind of public power. Rights generally reflect the interests of individuals or legal persons and other subjects; Power does not reflect the personal interests of power users, but aims at the public welfare of the country and society. Therefore, right and power can be said to be the difference between private and public in a sense. It is illegal to abuse power for personal gain, but it is illegal to abuse power for personal gain.

Second, the mandatory is different. Rights and powers are mandatory for each other. The subject with legal rights can ask the relative person to do something or not to do something according to law, which is also compulsory, but it is different from compulsory force. Power has the direct coercive power of the state. Rights are only supported by state coercion. When the right cannot be realized or infringed, the obligee may request the state to exercise its power to protect or remedy it, but the obligee shall not impose coercive force on the counterpart by himself. If it is not allowed to detain or beat the debtor to collect debts. Therefore, the coercion of power is direct, while the coercion of rights is indirect through power.

The difference between right and power:

1. The behavior subject and behavior attribute are different.

2. Mandatory.

3. Different legal status.