改革开放40年我国法治建设中的权利认知与法律实践

40th Anniversary of the Reform and Opening up:The Rights Cognition and Legal Practice in the Process of Legal Construction in our Country

权利是现代法治的核心要素,以权利为中心是近现代法治发展的标识。我国法治发展中对权利发现、权利发展、权利实践回归到法律功能的认知,体现了我国法治发展的历时性与共识性特征。而我国独特的权利认知障碍背景,以及无权利即无改革更无市场经济的宏大命题,使我国权利认知与法律实践体现出我国法治建设自身的独特特征。其中,权利义务是否总是互为存在的法哲学之问,引发了"权利法学"大潮;权利义务本位之争对现行法律体系的构建产生深远影响;权利权力关系定位明晰法治政府的制度路径;转型期权利认知的法律实践与改革开放同行。对权利的认知与实践,反映了我国自我意识、自我约束、自我发展的法治建设路径,折射出改革开放的时代变迁,体现出中国道路与中国品质,并使之成为中国法治特色。

Rights is the core element of modern rule of law. The center of fights is the sign of the development of modem rule of law. The cognition about rights discovery, rights development and fights practice returning to legal function in the development of rule of law in our country, it embodies the diachronic and consensus characteristic of the development of the rule of law in our country. While on the background of China＇s unique rights cognitive impairment, and no rights, that is to say, there is no reform, no grand proposition of market economy, make our country＇s rights 6ognition and legal practice reflect our country rule of law con-struction unique characteristic. Among them, issue of philosophy of rights about whether rights and obligations always exist with each other, it has triggered the ＂law of rights＂ tide; the standard dispute between rights and obligations has a far-reaching influ- ence on the construction of the existing legal system; the position of rights and power relations can clarify the system path of the rule of law government; in the transition period, the legal practice of rights cognition is synchronous with the reform and opening up.To the cognition and practice of rights, reflects the construction path of the rule of law about our country＇s self-consciousness, self-discipline and self-development, it reflects the changing times of reform and opening up, it reflects the Chinese road and the quality of China and makes it a feature of Chinese rule of law.