What is the relationship between rights and powers

Rights and power are interdependent.

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.

The exercise of power and rights will be different subjects, the exercise of rights is a general subject, and the power is mainly the state organs and their staff.

The difference between the two:

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

2. Different methods of punishment. 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.

Fourth, the social functions are different. Rights generally reflect private interests, and power generally reflects public interests.

The relationship between the two:

1. Interdependence. On the one hand, the supreme power of a country** is the transfer of part of its own rights by its citizens; Power, on the other hand, plays a decisive role in the process of recognizing natural rights as legal rights.

2. Interaction. On the one hand, citizens can control power with their rights; On the other hand, the realization of legal rights and remedies are also inseparable from power.

3. Conflicts. On the one hand, power is an indispensable force to safeguard power; On the other hand, in order to effectively protect rights, rights must be restricted.

Rights and power are interdependent.

On the one hand, power is based on legal rights for the purpose of 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.

The exercise of power and rights will be different subjects, the exercise of rights is a general subject, and the power is mainly closed by state organs and their staff.

The relationship between rights and powers is as follows: First, rights are legal concepts, which refer to the rights and interests that the law gives people to act or not to act. Second, power is a political concept, which refers to the coercive power that has the power to dominate others, and this power is always associated with obedience, and in fact any society is the unity of certain power and certain obedience.

1. Is a legal person the same as a legal representative?

A legal person is not the same as a legal representative. A legal person refers to an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law, and is the legal personification of a certain social organization. The legal representative is a definite legal concept, which refers to the person in charge who exercises authority on behalf of the legal person in accordance with the law or the articles of association of the legal person, and is the legal representative of the legal person; The legal representative represents the interests of the enterprise legal person and exercises the rights of the legal person in accordance with the will of the legal person.

The legal representative is responsible for organizing and leading production and business activities within the enterprise; Representing enterprises externally, it has full authority to handle all civil activities. The powers of the legal representative are conferred by the legal person, and the legal person bears the corresponding civil liability for the normal activities of the legal representative.

2. The difference between the list of responsibilities and the list of powers.

The list of responsibilities and the list of powers both revolve around the reform and transformation of their own functions, which are both related and different.

1) The purpose is different. The list of powers is to list the administrative powers exercised by the department in detail in the form of a list and make it public to make it operate scientifically and effectively; The list of responsibilities intuitively expresses the responsibilities of the department from the perspective of responsibility, clarifies the responsibilities of the department, defines the boundaries of responsibilities, strengthens public services, and prevents the lack of management.

2) The role is different. In accordance with the requirements of "nothing can be done without authorization from the law", the list of powers mainly solves the problem of chaotic actions of departments, focusing on streamlining administration and delegating powers, and "letting go of the powers that should be delegated"; The list of responsibilities is in accordance with the requirements of statutory duties, mainly to solve the problem of inaction by departments, strengthen public services, and "control what should be managed and support well". The two lists complement each other, and strive to build a modern governance system with "clear boundaries, reasonable division of labor, consistent rights and responsibilities, and efficient operation", aiming to promote the transformation of functions.

Article 2 of the Constitution of the People's Republic of China: All powers in the People's Republic of China belong to the people. The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels. In accordance with the provisions of the law, the people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms.