“法律权利”的规范形态及意义——兼议“乞讨权”

The Norm-Character of Legal Rights and Their Meaning——A Concurrent Analysis of the Right to Beg

法律权利,或为“允许”规范的直接意义,或为“命令”或“禁止”规范的间接意义。“允许”规范所规定的法律权利一般被称为“强允许”或“积极允许”;与之相对的是“弱允许”或“消极允许”。“弱允许”不具有法律意义,属法律不作评价或不干涉的自由或权利;具有法律权利意义的“强允许”只有与相关的禁止或命令规定相结合才能使法律权利名符其实。“乞讨权”有“弱允许”和“强允许”两种存在形态,前者不是法律权利。

Legal fights are the direct meaning of permission norms as well as the indirect meaning of command or prohibition norms. The legal fights stipulated by permission norms are generally called ＂strong permissions＂ or ＂positive permissions＂; the opposite is ＂weak permissions＂ or ＂negative permissions＂. Weak permissions are not legally siginificant and are a kind of freedom and fight not commented on and interfered with legally. Strong permissions which can mean legal fights should only be combined with related command or prohibition stipulations to become legal fights in their true sense. ＂The fight to beg＇may be in the form of a weak permission or in the form of a strong permission, the former of which has the meaning of legal fights.