利益性与正当性:试析中西方对“权利”的认识差异

In Discussing the Difference of Chinese and the Western Understandings from Perspective of Profitability and Legitimacy

"权利"一词是我国近代翻译西方"right"一词中使用并沿袭下来的,但是人们对"权利"的认识仍然受到我国古代对"权利"的认识的影响。古代人们对"权利"的认识强调利益性,而西方则强调"right"的正当性,这种差异反映了中西方不同的法律文化。我国现代社会中人们更应该强调"权利"的正当性,才能更好地实现对权利的保护。

The word ＂right＂ was originally introduced from the translation of the English word ＂right＂ in modern tim^s, which, however, was still confined by the traditional understandings. The ancients emphasized on the profitability of ＂right＂, while westerns concentrate on the legitimacy of ＂right＂. Such distinction between eastern and western reflects their different legal culture. The author here tries to point out that Chinese people can safeguard their right if they merely shed more light on the legitimacy of ＂right＂.