权利概念新论——与方孔先生商榷

On the New Theory of Rights Concept

对方孔先生提出的权利即是人性需求加被法律许可的观点,笔者从自然法是否真的存在,权利的概念是否是实在法上的产物,人性如何界定等五个方面提出了质疑。并在此基础上提出对权利的新理解,即从权利的相关因素入手综合其关键性特征进行综合定义。

Regarding the rights definition which proposed by Mr. Fang Kong that rights are the demand of human nature which is permitted by law, this paper questions Mr. Fang＇s viewpoint from the five aspects that if the existence of natural law is true or not, if the concept of rights is the product of positive law, how to define human nature and so on. And based on these questions, the writer puts forward his new understanding about rights, that is, the comprehensive definition of rights should contain relevant factors and crucial characteristics.