权力内涵新释

New Theory of Power

文章从人本主义角度出发,以新的视角对法理学中的权力概念作了新的诠释。权力是主体为满足其需要的意志及为实现其意志的能力,权力的主观性表现为它是主体为满足其需要的意志;权力是自然生成的,不需要法律的赋予,“天赋人权”之“权”是权力的权,而不应是权利的“权”;法律所赋予公民的是权利而不是权力;法(制定法)由权力与权力间的冲突关系产生。

from the angle of basing on human being , the author made new annotation to the connotation of power in jurisprudence with the new visual angle. The author＇s main view is as follows： power is the will whose subject meets its need and the ability whose subject realizes its will. Subjectivity of power shows as it is the will whose subject meets its need. Power is produced naturally , does not need to be given by the law, what the law gives to citizen is the fight instead of power ＂ Right＂ of ＂man＇s natural right＂ is the power of the power, but should not be ＂right＂ of the right. Law（ positive law） is produced by the conflict relation among powers.