What is the difference between right and power? The difference between rights and powers

Rights refer to the power that the law gives to people to realize their interests. Corresponding to obligations, it is one of the basic categories of jurisprudence, the core word of the concept of human rights, and the key word of legal norms. The broadest and most practical content implicit or explicit in family, society, state, and international relations.

From a general point of view, a right is a license or recognition given by law to the subject of the right to act or not to act. Rights can be waived! There are broad and narrow senses of power, and power in a broad sense refers to a certain influence and dominance, which is divided into two categories: social power and state power.

Power in the narrow sense refers to state power, that is, an organizational dominance that the ruling class has in order to realize its class interests and establish a certain ruling order.

1. The subject of the act is different from the nature of the act: the subject of rights is generally citizens, legal persons and other social organizations. The subject of power can only be the State organ to which the power is delegated and its specific staff.

According to the nature of their behaviors, rights behaviors are generally civil acts and social and political acts; Acts of power are generally legislative, administrative, judicial and other acts that belong to official duties, also known as authority, which is a kind of public power.

2. Coercion is different: both rights and powers are mandatory for the counterpart. Power has the direct coercive power of the state.

Rights are only backed by the coercive power of the State. When the right cannot be realized or is infringed, the right holder may request the state to exercise its power to provide protection or remedy, but the right holder shall not exert coercive force on the counterparty on its own. Therefore, the coercion of power is direct, and the coercion of power is mediated by power and is indirect.

3. Different legal status: the right can be enjoyed by the right holder alone, which can be a right with a specific counterparty (such as creditor's rights) or a right with a general counterparty (such as property ownership). In the presence of a bilateral relationship with the corresponding obligor, the legal status of both parties is equal.

Some of the rights enjoyed by the subject of rights can also be transferred, or the rights only exist in the relationship with the specific counterpart. Power is one-way, top-down, and bilateral relations are unequal. The subject of power shall not give up or transfer the power granted to it, and the power is also a responsibility (duty) for the state, and it must not be neglected or used, otherwise it will be a dereliction of duty.

The difference between rights and powers is as follows: 1. The subject of the act is different from the attributes of the act. According to the nature of their behaviors, rights behaviors are generally civil acts and social and political acts; Acts of power are generally legislative, administrative, judicial and other acts that belong to official duties, also known as authority, which is a kind of public power.

2. Mandatory is different. Power has the direct coercive power of the state. Rights are only backed by the coercive power of the State.

3. Different legal status. The right can be enjoyed by the right holder alone, either as a right with a specific counterparty (e.g., creditor's rights) or as a general counterparty (e.g., property ownership). Power is one-way, top-down, and bilateral relations are unequal.

Legal basis. Article 13 of the Civil Code of the People's Republic of China [Beginning and End of Natural Civil Rights Capacity] From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.

1. The subject of exercise is different.

The exercise of rights is the general subject, while the powers are mainly the organs of the State and their functionaries.

2. Different punishment methods.

Rights can generally be waived and transferred, while rights must be exercised in accordance with the law and cannot be waived or transferred.

3. The rules of presumption are different.

The presumption of rights is "nothing expressly prohibited by law and may be done." "The power is limited only to the extent expressly provided, otherwise it is ultra vires.

4. Different social functions.

Rights generally reflect private interests, and power generally reflects public interests.

Rights acts are generally civil acts and social and political acts; Acts of power are generally legislative, administrative, judicial and other acts that belong to official duties. Both rights and powers are coercive on the counterpart. Power has the direct coercive power of the state.

Rights are only backed by the coercive power of the State. The right may be enjoyed by the right holder alone, either as a right with a specific counterparty or as a general counterpart. Power is one-way, top-down, and bilateral relations are unequal.

1. According to the nature of the social relations in which citizens participate, they can be divided into rights belonging to political life and general civil rights. The former, such as the right to political and social freedoms and the right to participate in the administration of the State; The latter are such as property rights.

2. According to the scope of the obligor, it can be divided into absolute right and relative right. Absolute rights, also known as hereditary rights, require that the bearer of obligations is not a certain person or a certain range of people, but all people, such as property rights, personal rights, etc. Relative rights, also known as human rights, require that the bearer of obligations is a certain individual or a certain collective, such as creditor's rights, the right to damages, etc.

3. According to the causal connection between the occurrence of rights, it can be divided into original rights and derivative rights, and derivative rights or remedy rights. Original right refers to the right that exists without being infringed by others based on the confirmation of legal norms, also known as the first right, such as ownership; Derivative rights refer to legal rights arising from the infringement of the original rights by others, also known as secondary rights, such as the right to claim damages arising from the infringement of property rights.

4. According to the inherent interrelationship between rights, it can be divided into master rights and subordinate rights. A primary right is a right that can exist independently of other rights, such as ownership of property; Subordinate rights refer to rights premised on the existence of the principal right, and its creation, modification and extinction are all subordinate to the existence of the principal right, such as mortgage rights. <>

Rights and powers are two different concepts, the former being a legal concept and the latter being a political one. There is a close relationship between the two: on the one hand, power is based on legal rights and aims at realizing legal rights, and rights, as a legal qualification, restrict the form, procedure, content and process of power; On the other hand, the realization of certain legal rights depends on the exercise of certain powers.

There is also a certain consistency between the two, such as the purpose of pursuing certain interests; There are corresponding legal provisions and restrictions.

First, the subject of rights is not specific, while the subject of power is specific. The subject of rights is widespread. As far as civil rights are concerned, all citizens have the right to them.

As far as civil economic rights are concerned, it can also be considered that they are available to all citizens. But as far as power is concerned, it is not available to anyone, it has specific subject limitations. Such restrictions are imposed by law.

Second, the content of rights is broader than the content of powers. Rights relate to all aspects of social life, political, economic, cultural, social life, and so on. The content of the power is limited and limited to the matters conferred or acquired by a particular procedure and manner.

Rights are often not limited to the provisions of the law. The provisions of the law are generally only basic rights, while the powers are strictly limited to the content of the provisions of the law, and beyond the scope of the provisions of the law, that is, constitute an infringement of other rights or rights. that constitutes a violation of the law.

Third, rights can be waived, but rights cannot be waived. This is determined by the autonomy of rights, and power, which is often a function, is accompanied by duties. Relinquishing power can mean dereliction of duty, which is not only prohibited by law, but even punishable by law.

Thus, in principle, power is not transferable at will by the holder of the power, and many rights are transferable except for the most basic rights.

According to the liberal social contract theory, the power of all ** institutions comes from the consent and entrustment of the people. But the people did not delegate all power to **, they also had the power they reserved, that is, the right.

Power: that is, the power of domination and dominance (i.e., violence), which corresponds to obedience.

Rights: equal to power + interests, which correspond to obligations.