Traditional Culture Encyclopedia - Traditional virtues - Relationship between rights and obligations
Relationship between rights and obligations
Macroscopically speaking, the relationship between them can be summarized as: the clutch relationship in the historical process} the unity of opposites in the logical structure; Equivalence relation in total quantity; Functional complementarity; The restrictive relationship in management; Master-slave relationship in the sense of value.
(1) From the different stages of human development, there is a clutch relationship between them. For example, the rights and obligations of primitive society are completely combined, and there is no distinction between rights and obligations; In a privileged society, some people only enjoy rights but don't perform their obligations, while the powerless class only performs their obligations and doesn't enjoy rights.
(2) From the logical structure, they are the relationship of unity of opposites. Rights are acquisition, obligations are giving, one is active and the other is passive. However, the two are interdependent and interrelated, which shows that rights and obligations cannot exist and develop in isolation. "No rights, no obligations, no obligations, no rights". Sometimes rights and obligations can be transformed into each other, and some behaviors are both rights and obligations, such as the right and obligation to receive education; For another example, the rights (powers) of state functionaries cannot be abandoned.
(3) the number is equal. As far as the whole society is concerned, social life will not be chaotic only if the total amount of rights and obligations is equal. In a privileged society, in a sense, it is the imbalance between the total amount of rights and the total amount of obligations that leads to chaos.
(4) They are complementary in value function. Simple rights cannot lead to the realization of interests, but must be guaranteed by setting obligations.
(5) From the perspective of legal operation, rights and obligations are a restrictive relationship. In the process of social interaction, rights and rights, rights and obligations restrict each other. On the one hand, the restriction of individual rights on state power leads to the obligations and responsibilities of the state, and the restriction of state power on individual rights leads to individual obligations; On the other hand, the rights and obligations between individuals and state organs are also mutually restricted. For example, the State Council's administrative power is restricted by the duties and obligations entrusted to it by the National People's Congress.
(6) In the value trend of legal adjustment, there is a master-slave relationship between rights and obligations. Rights are the purpose, obligations are the means, and the establishment of obligations should take the realization of rights as the starting point.
From a macro point of view, the relationship between them can be summarized as: the clutch relationship in the historical process} the unity of opposites in the logical structure; Equivalence relation in total quantity; Functional complementarity; The restrictive relationship in management; Master-slave relationship in the sense of value.
(1) From the different stages of human development, there is a clutch relationship between them. For example, the rights and obligations of primitive society are completely combined, and there is no distinction between rights and obligations; In a privileged society, some people only enjoy rights but don't perform their obligations, while the powerless class only perform their obligations and don't enjoy rights.
(2) As far as logical structure is concerned, they are the relationship of unity of opposites. Rights mean to gain, obligations mean to pay, one is active and the other is passive. However, the two are interdependent and interrelated, which shows that rights and obligations cannot exist and develop in isolation. "No rights, no obligations, no obligations, no rights". Sometimes rights and obligations can be transformed into each other, and some behaviors are both rights and obligations, such as the right and obligation to receive education; For another example, the rights (functions and powers) of the staff of state organs cannot be abandoned.
(3) the number is equal. As far as the whole society is concerned, social life will not be chaotic only if the total amount of rights and obligations is equal. In a privileged society, in a sense, it is the imbalance between the total amount of rights and the total amount of obligations that leads to chaos.
(4) They are complementary in value function. Simple rights cannot lead to the realization of interests, but must be guaranteed by setting obligations.
(5) From the perspective of legal operation, rights and obligations are a restrictive relationship. In the process of social interaction, rights and rights, rights and obligations restrict each other. On the one hand, the restriction of individual rights on state power leads to the obligations and responsibilities of the state, and the restriction of state power on individual rights leads to individual obligations; On the other hand, the rights and obligations between individuals and state organs are also mutually restricted. For example, the State Council's administrative power is restricted by the duties and obligations entrusted to it by the National People's Congress.
(6) In the value trend of legal adjustment, rights and obligations have a master-slave relationship. Rights are the purpose, obligations are the means, and the establishment of obligations should take the realization of rights as the starting point.
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