涉财权利位阶与民生法治的完善

The Rank of Rights Involving Property and the Perfection of Rule of Law Based on Peoples' Livelihood

涉财权利是指权利行使过程伴随明显财产消耗和生态损耗的权利。涉财权利位阶是指按照对保障生存和有尊严的生活的意义不同,而对涉财权利内部的不同部分作出的由高到低排列。三分法体系认为涉财权利内部存在基本权利、一般权利、非紧要权利三个位阶。只要优先保障基本权利、优先克制非紧要权利,权利配置状况就会得到明显改善。将涉财权利位阶论运用于财产制度、消费制度、居住制度等领域,可以改善这些领域的资源配置状况,提高社会治理水平。

Rights involving property refers to the rights in the exertion course of which along with obvious property consumption and ecological loss. The rank of rights involving property refers to the rank of the different internal parts of the rights involving property, according to the different significance of the ensuring survival and decent life. Three-fold division System think there are basic rights, general rights and unessential rights in the internal rights involving property . The condition of right deployment will be obviously improved as long as basic rights are given priority and unessential rights are restricted preferentially. The application of the rank of rights involving property theory to the property system, consumption system, residential system and other fields can improve the condition of the resource distribution in these fields and promote the level of social governance.