法權(quán)結(jié)構(gòu)論：權(quán)力與權(quán)利互動的分析框架.pdf

1、湖南大學(xué)碩士學(xué)位論文法權(quán)結(jié)構(gòu)論：權(quán)力與權(quán)利互動的分析框架姓名：趙平萍申請學(xué)位級別：碩士專業(yè)：法學(xué)理論指導(dǎo)教師：陳秋云20070415IIAbstract It is commonly acknowledged that as two forms in the ‘living world’ of humans, power and right have become operation of experience and interact

2、ive with each other. However, due to complexity in life and the fact that domains of power and right in public and private areas in traditional sense have been broken and penetrated into each other, distinction between p

3、ower and right has been blurred in practice and hard to be recognized in theory. Therefore, from the perspective of jurisprudence, we need to give a clear answer as to how to redigest and clarify the interactive relation

4、 between power and right and its evolvement. 'Theory of Relation between Power and Right’ is an analytical framework established to expound interaction between power and right. The relation between power and right r

5、efers to their interactive relation, organically composed of subject recognition, legal provisions and actual manifestation. Power and right are mutually intrusive in their traditional relation but interactive in their m

6、odern one. The modern interactive relation is manifested in three layers, namely ought-to-be state, legal state and actual state. Its main three characteristics lie in power’s pluralism and systematical description of ‘o

7、riginal power’, system construction of right’s autonomy and normalization, and flourish of social power and right and construction of restriction system. Because ‘problemization’ is a process to find clue to and seek fo

8、r theoretical problems from the common sense in daily life, common sense in daily life consequently becomes the resource of debating problemization. Common sense is oriental to problems and is the vital and the only entr

9、ance to theory; hence, what we can see as the ‘harmonious society’ in our ‘living world’ becomes the ‘existent’ to verify the theory of power and right. The analysis of the theory of power and right aims to debate the co

10、mmon sense, and the first step is to question ‘harmonious society’ and make a clear distinction from it after respecting, accepting and recognizing it, so that a special object of power and right research can be construc

11、ted, theoretical problems in the ‘harmonious society’ can be sorted out and the theory can be revealed in the common sense in the ‘harmonious society’ as the ‘existent’ to manifest the significance of ‘being existent’. F