法理学意义上权利与义务关系的简要透析

A Brief Analysis of the Jurisprudential Relationship between Rights and Obligations

一部法律制度史,实质上就是权利与义务的矛盾及其演变史。从法理学研究的角度,对权利和义务的关系进行理论探讨,比较西方学者和中国学界的不同观点,从历史发展的基本过程、价值关系地位以及目的和手段等方面解析权利和义务的特点,并对权利和义务何为本位作简要的讨论,指出其变化性对它们的相对意义。

This paper mainly focuses on two major studies which are the relationship and the general characteristics of the rights and obligations.The former is described from the views of both Western scholars and Chinese scholars;the latter summarizes the features of this relationship from the perspective of the historical development of the relationship,the changes of its value and status,and the feasibility of implementing its goal.These two aspects as a whole,is conducive for grasping the dynamic relationship of rights and obligations.