Briefly describe the classification of rights and obligations

Briefly describe the classification of rights and obligations

1. Basic rights and obligations and ordinary rights and obligations

According to the different provisions of fundamental law and ordinary laws, rights and obligations can be divided into basic rights and obligations and ordinary rights and obligations. Basic rights and obligations are people's fundamental rights and obligations in the country's political life, economic life, cultural life and social life as stipulated in the Constitution. Ordinary rights and obligations are rights and obligations stipulated in ordinary laws other than the Constitution.

2. Absolute rights and obligations and relative rights and obligations

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 Against the World" and "Obligations Against the World", are rights and obligations corresponding to unspecified legal subjects: absolute rights correspond to unspecified obligors; absolute obligations correspond to unspecified obligees. Relative rights and obligations, also known as "rights against persons" and "obligations against persons", are the rights and obligations corresponding to specific legal subjects: "relative rights" correspond to specific obligors; "relative obligations" correspond to specific obligees.

3. Individual rights and obligations, collective rights and obligations and state rights and obligations

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 state rights and obligations. Individual rights and obligations refer to the rights and obligations that individual citizens (natural persons) enjoy under the law and collective (legal persons) rights and obligations refer to the rights and obligations of state agencies, social groups, enterprises and institutions, etc. National rights and obligations are the rights and obligations that a country, as the subject of legal relations, enjoys and undertakes under international and domestic law. Briefly describe the rights and obligations of life

Personal rights can be divided into personality rights and identity rights:

1. Personality rights

Personality rights refer to the civil subject’s legal basis The rights enjoyed by a person's personality, with personal interests as the object, and necessary to maintain his independent personality. Personality rights include specific personality rights and general personality rights.

Specific personality rights include: rights to life, body, health, name, name, portrait, reputation, privacy, and credit.

(1) Right to life

The right to life refers to the right not to be harmed and killed, or the right to be protected from harm and killing, and to obtain the maintenance of life and minimum health. Rights necessary to protect material. It is also the most basic right of human rights.

(2) Body rights

Body rights refer to the legal rights enjoyed by natural persons to maintain the integrity of their limbs, organs and other tissues. Body rights have their own unique scope of protection. Infringement of body rights does not necessarily require the infringement of the body to cause damage to life and health.

(3) Right to health

The right to health refers to the right of natural persons to maintain their normal physiological and psychological skills and social adaptability.

(4) The right of name

The right of name refers to the right of citizens to decide their name, use their name, change their name and ask others to respect their name. It is based on the interests of name. rights. It mainly includes the naming, use and change of names and the elimination of obstruction and infringement by others.

(5) Name right

Name refers to a specific mark that a legal person or other organization establishes for itself to distinguish it from other organizations when participating in civil activities. The name of a legal person should reflect its business nature, business activities and affiliations.

(6) Portrait rights

Portrait

Portrait refers to the external expression of a citizen’s body, and the external expression of the human body is expressed through traditional art and modern science. Represent objectively, such as through sculpture, photography, portrait, etc. Portraits reflect the true image and personality characteristics of the portrait holder, so the portrait is inseparable from the personality of the specific person. Therefore, the right of portrait is a personal right in which citizens enjoy interests in their own portraits and exclude infringement by others. It is a personality right that takes the citizen's image, characteristics and interests as its content.

(7) Reputation rights

Reputation refers to the evaluation and sum total of society or others’ moral character, talent, credibility, goodwill, qualifications, achievements, etc. of a specific citizen or legal person. The right of reputation is a personal right that citizens and legal persons enjoy in accordance with the law, and their social evaluation is not infringed by others.

(8) Right to privacy

The right to privacy, also known as the right to confidentiality of personal life, refers to the right of a natural person not to disclose or let others know personal secrets.

(9) Credit rights

The personality rights of civil subjects to retain and maintain the corresponding trust and evaluation obtained by their economic capabilities in society.

As civil subjects, natural persons and legal persons all enjoy credit rights in accordance with the law. No other person may illegally infringe upon this right, and credit reporting agencies cannot infringe upon this right.

General personality rights: the right to personal independence, the right to personal freedom, and the right to personal dignity.

2. Identity rights

Identity rights refer to a civil right arising from citizens or legal persons based on certain behaviors or mutual relationships.

As a civil right, identity rights are not only established for the benefit of the right holder, but also for the benefit of the counterparty. Therefore, the right holder must also perform corresponding legal obligations when exercising various identity rights conferred by the law in accordance with the law.

Identity rights mainly include: spousal rights, parental rights, kinship rights (custody rights), honor rights, and identity rights in intellectual property rights (copyright, invention rights, patent rights, trademark rights, etc.).

Legal basis: Section 4 of the General Principles of Civil Law: Personal Rights

Article 98 Citizens enjoy the right to life and health.

Article 99 Citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations, and others are prohibited from interfering, misappropriating or counterfeiting.

Legal persons, individual industrial and commercial households, and individual partnerships enjoy the right to name. Corporate legal persons, individual industrial and commercial households, and individual partnerships have the right to use and transfer their names in accordance with the law.

Article 100 Citizens enjoy the right of portrait, and citizens’ portraits may not be used for profit-making purposes without their consent.

Article 101 Citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is prohibited to damage the reputation of citizens or legal persons by means of insult, slander, etc.

Article 102 Citizens and legal persons enjoy the right to honor, and it is prohibited to illegally deprive citizens and legal persons of their honorary titles.

Article 103. Citizens enjoy the autonomy of marriage, and buying and selling, arranged marriages and other behaviors that interfere with the freedom of marriage are prohibited.

Article 104: Marriage, family, the elderly, mothers and children are protected by law.

The legitimate rights and interests of persons with disabilities are protected by law.

Article 105. Women enjoy equal civil rights as men. Briefly describe the rights and obligations of citizens

Citizens have a wide range of rights.

Citizens’ rights include personal rights, property rights, etc., which contain many contents. For example, personal rights include personal freedom rights, portrait rights, life and health rights, and many more. Property rights include property rights, creditor's rights, intellectual property rights, etc.

Citizens’ obligations include protecting national unity, protecting territorial integrity, etc.

Please refer specifically to the concept and classification of rights and obligations in jurisprudence in the "General Principles of Civil Law"

Obligation has two meanings: first, it is opposite to rights. Refers to political, legal and moral responsibilities. Chapter 4 of Part A of Kang Youwei's "Book of Datong": "If you answer the call of soldiers, it will be regarded as an obligation whenever there is a country." Second, no reward is required. In order to survive and develop better, human beings have established various social relationships between people. According to the different ways of maintaining them, all social relationships can be divided into relatives, friends and colleagues. According to different social fields , all social relations can be divided into economic relations, political relations and cultural relations, and the core content of all social relations is value relations or interest relations, that is, in all social relations, everyone should make a certain value contribution on the one hand, On the other hand, you should get a certain value in return. Discuss the meaning, classification and legal significance of rights and obligations

"There are no rights without obligations, and there are no obligations without rights" - this is a well-known legal motto in Marx's works. However, people's understanding of the motto itself is not consistent. Many authoritative treatises and textbooks in China believe that Marx's motto is intended to reveal the fact that in the field of law, when there is a right, there must be a corresponding obligation; when there is an obligation, there must be a corresponding obligation. Corresponding rights exist at the same time. In other words, there is a relationship between rights and obligations that are mutually corresponding, interdependent, and mutually conditioned. Without either one, the other cannot exist. For example, there can be no corresponding debt without a certain kind of creditor's rights, and there can be no corresponding creditor's rights without a certain kind of debt. The author believes that this understanding is far from the original intention. According to my personal opinion, Marx's motto is not a statement of fact, and therefore its intention is not to point out the fact that rights and justice are mutually corresponding, interdependent, and mutually conditioned. Rather, it is a statement of value that is not directly related to facts and is intended to clarify what rights and obligations are legitimate and reasonable. Fact statements answer the question what the facts are; value statements answer the question what should be. If you interpret a value statement as a statement of fact, your understanding will inevitably be completely different. "There are no rights without obligations, and there are no obligations without rights." This sentence was used by Marx as the guiding ideology and basic principle for formulating rules and allocating rights and obligations when he drafted the "Common Constitution of the International Working Men's Association" in 1864. incorporated in the preamble to the Articles of Incorporation. If what this sentence wants to illustrate is just the fact that rights and obligations always correspond to each other, then there is no need to solemnly declare it as a spirit that guides legislation and a principle for allocating rights and obligations.

Because: first, it is a well-known common sense, and anyone with normal sense will know and understand this; second, no one denies this common sense, even feudal lords will admit that the rights of the master correspond to the rights of the slave. Obligations, the obligations of the slave correspond to the rights of the master, and the rights and obligations of both parties are interdependent and conditional on each other; thirdly, no matter how the legislators who make the rules allocate the rights and obligations, it will not prevent the rights and obligations from corresponding to each other. interdependent and mutually conditioned factual relationships. Obviously, this strange legislative principle will never come into being. If Marx's words are interpreted as a statement of value, the meaning is very clear. Marx pointed out at the beginning of the preamble of the charter: "The liberation struggle of the working class is not to fight for class privileges and monopoly privileges, but to fight for equal rights and obligations and to eliminate any class rule." At the end of the preamble, he added " There are no rights without duties, and there are no duties without rights” was declared as the basic principle of rule-making. This shows that the real intention of the motto is to clarify the relationship between rights and obligations in an ideal social rule system according to the values ??of the working class. In other words, it answers the question of how legislators should allocate rights and obligations, rather than the question of how rights and obligations actually relate to each other. Marx's motto, which can be described as French, expresses and contains a significant legal value. It has at least the following four basic meanings: First, privileges are not rights. The so-called "there are no rights without obligations" means that when legislators formulate rules, if some people only enjoy rights but do not assume obligations, as in the hierarchical system, then this right is no longer a real right. Rights essentially mean a certain kind of legitimacy, and "rights without obligations" lose their essence because they lose their legitimacy. They mutate into an unjust privilege. Therefore, people's reasons no longer regard it as It is treated as a right. Here, if the "right without obligation" is interpreted as a statement of fact, it is a false statement that is clearly contrary to the facts, because in fact there are "rights without obligations" and hierarchical privileges are "rights without obligations." However, the real mistake was not made by the author who made the statement, but by the readers who misunderstood the author. This once again shows that "there are no rights without obligations" is a value statement. It is nothing more than a declaration to people that according to the value standard of the legislator, "Rights without obligations" are merely unjust privileges rather than rights, and they are not worthy of respect. Second, privileges cannot create obligations. The so-called "there are no obligations without rights" means that when legislators formulate rules, if some people only bear obligations but do not enjoy rights, then this obligation is no longer a real obligation. Like "there are no rights without duties", "there are no duties without rights" cannot be interpreted as a factual statement, because in fact there are "duties without rights." The lower classes of the social majority in the hierarchy (such as Serfs) were burdened with heavy "rights without rights". The purpose of the legislators at that time to impose such obligations on them was to protect "rights without rights", that is, privileges. As a value statement, "no obligation without rights" also declares to the world that according to the legal values ??of the legislator, "obligations without rights" set up to protect privileges are unjustified because of their origin. It is unfair - it comes from privileges and is produced to meet the needs of privileges - and it is difficult to become a real obligation. Therefore, no one has any reason to ask others to fulfill this obligation. On the contrary, the behavior of refusing this obligation has Good reason. Third, real rights mean equal treatment under the law. "There are no rights without duties, and there are no duties without rights" is a negative value statement that declares what practices should be avoided when allocating rights and duties. However, as a guiding principle for legislation, it is not enough to simply point out what should not be done; it must also indicate to legislators in an affirmative form how rights and obligations should be arranged. Therefore, this motto actually expresses a positive thought in a negative form. While the privileges it denies are rights, it also contains an answer to what rights are. We draw the following inference from this, which may not violate the original intention of the speaker: "Right without obligation" is not a right because it embodies the spirit of differential treatment in law, thereby losing its essence and turning into a privilege. , therefore, in order for rights to become real rights, they must become "equal rights" as mentioned at the beginning of the "Articles of Association". This also requires legislators to adhere to legal principles when allocating rights and obligations. Treat equally. The conclusion is: Privileges are not rights and do not deserve respect. Equal rights are real rights and should be respected. Fourth, equal rights create obligations. Since the obligations generated to meet the needs of privileges do not have legitimacy (Legitimacy), and therefore cannot be regarded as obligations, then how to set obligations to make them legitimate? What kind of obligation constraints people should obey? ?In fact, the negative statement "there are no obligations without rights" has given a clear answer: obligations cannot come from privileges but can only come from rights. It is precisely in order to ensure that the equal rights that people generally enjoy are protected, legislation Only then can we have reason to impose universal obligations on every subject equally.

If "duties without rights" originate from and serve unjust privileges, and therefore completely violate modern legal values, then real obligations should be extensions and derivatives of rights, which originate from and serve Equal rights, and only the obligations required by such equal rights, are obligations recognized by our laws and that each of us must take seriously.

The dialectical relationship between rights and obligations?

1. Rights and obligations are the unity of opposites.

2. Rights and obligations are interdependent

3. Rights can be waived, but obligations cannot be waived.

4. Rights and obligations are in a corresponding relationship.

5. Sometimes some rights are themselves obligations.

Law is a code of conduct that stipulates people's rights and obligations. The ruling class stipulates certain rights and obligations for people through legal norms to protect its own interests and maintain social relations and social order that are beneficial to its class. For example, the Constitution stipulates the basic rights and obligations of citizens from a general aspect, and laws in other departments stipulate the rights and obligations of citizens in a certain social relationship from a certain aspect. The purpose of the implementation of legal norms is precisely to fix social relations and social order that are beneficial and appropriate to the ruling class. Law is a norm that unifies rights and obligations.

In law, rights and obligations always appear at the same time, and they show the following interrelationship:

1. Rights and obligations are the unity of opposites.

From a dialectical point of view, the contradictory pairs of rights and obligations are both different and connected, both antagonistic and unified. To abolish any one of these relationships is to Unscientific and incomplete. Generally speaking, people pay more attention to the difference, opposition and complementary relationship between rights and obligations, but pay less attention to the deeper unity relationship between them, that is, the consistency in the fundamentals. In fact, obligations are not an alien thing independent of rights, but a cluster of branches that originate from the tree of rights. It is a special form of rights, an objectified right, and the subject and content of rights. When rights have been transformed, each rights subject can realize and safeguard its rights only if it fulfills its obligations. It can be seen that the actual content of obligations and the goal of setting obligations are still certain rights and interests, and the obligations themselves are just responsibilities that should be performed in order to realize certain interests and enjoy certain rights. From the perspective of civil law, rights are legal technical means for the distribution of interests, while obligations are another technical concept established to enable the normal distribution of interests (only allowing legitimate interests to be obtained), so obligations are set for rights. Rights define interests, and obligations define rights. The motivation, purpose, focus, and implementation points of setting obligations all revolve around the central axis of rights definition and interest distribution. The various prohibitive norms and obligatory norms in the law are not obligations for the sake of obligations or restrictions for the sake of restrictions. Its purpose is to prevent people from obtaining unjust rights and people's legitimate rights from being infringed. Even the legislation of slave owners and many feudal rulers puts almost all obligations on the exploited class, and its purpose is also to safeguard the rights and interests of the exploiting class.

Law uses rights and obligations as a mechanism to adjust people's behavior and social relations. It is precisely in view of the special status of rights and obligations in law that discussions on this issue have been carried out in different legal disciplines. It is carried out in different ways. However, due to various reasons, people's understanding of the relationship between rights and obligations is not in-depth so far. Therefore, the theoretical perspectives that summarize these understandings often cannot withstand serious scrutiny to a large extent. Some of them The basis is insufficient, and some remain 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 principles of Marxist materialism and dialectics The principled stance must be based on the analysis of living legal phenomena, and summarize and discover the laws from the entire historical process of the emergence and development of rights and obligations; secondly, the theory of the relationship between rights and obligations should comprehensively reflect some of the inherent laws of the relationship between the two, and should be a legal The high degree of unity of values, norms and factual operations; thirdly, the theory of the relationship between rights and obligations should fully reflect the universality of human social law and has universal significance. It is on this premise that this article discusses the relationship between rights and obligations. Analysis, trying to use Marxist philosophy as a guide, and through sorting out existing theories, summarize the general rules of the development of the relationship between rights and obligations, and also provide a dialectical way of thinking for legal research. Briefly describe the rights and obligations of law firms ?

A law firm refers to a working institution where lawyers of the People's Republic of China perform their duties and carry out business activities. Law firms are organizationally supervised and managed by judicial administrative agencies and lawyers associations.

Their rights and obligations are summarized in the following five aspects in accordance with the relevant provisions of my country's "Lawyers Law":

1. The right to independently conduct legal business in accordance with the law;

2. Law firms Lawyers and lawyers shall pay taxes in accordance with the law;

3. Law firms and lawyers shall not contract business by slandering other law firms or lawyers or paying referral fees or other improper means;

4. Lawyers Law firms shall not engage in business activities other than legal services;

5. Law firms shall submit this document to the district-level municipality or the district people’s judicial administrative department of a municipality directly under the Central Government after the annual assessment. The firm’s annual practice report and lawyer practice assessment results. The meaning of citizens’ rights and obligations

Hello, citizens’ basic rights refer to the main and essential rights enjoyed by citizens as stipulated in the constitution. As we all know, citizens' legal rights have many names and a wide range, including both basic rights and general rights. However, as the fundamental law of the country, it is neither possible nor necessary for the Constitution to stipulate various rights of citizens. Therefore, the Constitution can only confirm some basic rights.

The basic obligations of citizens, also called constitutional obligations, refer to the fundamental responsibilities that citizens must abide by and perform as stipulated in the constitution: The basic obligations of citizens are obligations of primary significance to the country, which constitute ordinary the basis of obligations imposed by law. Citizens' basic obligations and basic rights together reflect and determine the political and legal status of citizens in the country, and constitute the basis and principles of citizens' rights and obligations stipulated in ordinary laws.

What is the relationship between citizens’ rights and obligations?

Obligations are tools used to enhance rights, and rights are the inspiration to fulfill obligations