Should rights be natural rights or not, and what natural rights mean

Natural rights are the rights that people should enjoy at birth, which are not constrained by economic conditions and objective factors, and are an idealized form of rights, natural rights (natural right) are derived from the Latin jus nafural, and the Chinese customary translation is natural human rights, which refers to the universal inherent rights of natural creatures, and is not given by law or faith. Natural rights are innate, inalienable, inalienable, and theoretically existent. Natural rights are important interests that are common to natural organisms and that any individual may claim to the object of the genus or to other species or societies.

In this day and age, the more preferred term is the more one-sided concept of "human rights". Legal rights mean that a country converts a part of its natural rights claims into legal rights according to the needs of its rulers, the level of economic development and the constraints of objective factors, and stipulates them in the form of law, and confirms and protects them. Actual rights are the rights that individuals enjoy and can realize in their actual lives, and they are related to personal ability, objective environment, judicial situation and other factors.

From the perspective of the scope of the rights of the three, it can be said that the natural rights are greater than the legal rights, and the actual rights are greater than the actual rights. This is due to the fact that the realization of these rights is subject to different constraints. Natural rights are a kind of claim of man, which can be said to be a dream of rights, which only requires man, then he has the right to pursue the freedom and happiness he desires.

It can be said that natural rights are the most complete and full rights. However, legal rights are subject to factors such as the economic level of the country and the democratic and legal literacy of the rulers, and they can only use the law to protect some natural rights through the coordination of various factors, and can use legal means to realize these rights. In addition to only being able to appeal for legal protection within the scope of legal rights, it is also related to the legal knowledge ability, awareness of rights protection, economic level, and personal ability of the right holder.

As a result, rights holders with actual rights enjoy relatively few rights.

The rights of nature and the law are due to them!

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Legal Analysis: Natural rights refer to the universal, inherent rights of natural beings, not limited to law or beliefs. Natural rights are innate, inalienable, inalienable, and theoretically existent.

Natural rights are important interests shared by human beings, and any individual can make claims to goals or society. In today's era, people prefer to use the one-sided concept of "human rights", which is the result of the expansion of the scope of rights subjects, which means that "rights" extend from the moral level to existence outside the human being.

Legal basis: Article 3 of the Civil Code of the People's Republic of China The personal rights, property rights, and other lawful rights and interests of civil subjects are protected by law and must not be infringed upon by any organization or individual.

The rights enjoyed by natural persons do not include the right of inheritance.

Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, and marital autonomy. In addition to the above-mentioned personality rights, natural persons also enjoy other personality rights and interests based on personal freedom and personal dignity.

Legal basis: Civil Code of the People's Republic of China. Article 1002: Natural persons enjoy the right to life. The safety and dignity of natural persons are protected by law. The right to life of others must not be infringed upon by any organization or individual.

Article 1003: Natural persons enjoy the right to the body. The physical integrity and freedom of movement of natural persons are protected by law.

No organization or individual may infringe upon the physical rights of others. Article 1004: Natural persons enjoy the right to health.

The physical and mental health of natural persons is protected by law. The right to health of others must not be infringed upon by any organization or individual.

Article 1005:Where a natural person's right to life, body, or health is infringed upon or is in other situations of distress, the organization or individual with the legally-prescribed obligation to provide assistance shall promptly provide assistance.

Civil capacity of natural persons:

According to the specific situation of natural persons in China, according to the different age stages and whether they are sane or not, the civil capacity of natural persons is divided into three types: full civil capacity, limited civil capacity and no civil capacity.

Full capacity for civil conduct refers to the ability of natural persons to conduct civil juristic acts through their own independent expressions of will. Under normal circumstances, when a natural person reaches adulthood, he or she is not only able to consciously observe and carry out civil legal acts, but also to rationally judge and understand legal norms and social rules of common life.

Restriction of civil capacity refers to certain restrictions on a natural person's ability to independently carry out civil juristic acts through an expression of intent. Persons with limited capacity for civil conduct are to carry out civil juristic acts with the consent and recognition of their legally-designated **persons** or their legally-designated **persons, but may independently carry out civil juristic acts that are purely beneficial or civil juristic acts that are compatible with their mental health conditions.

Lack of capacity for civil conduct refers to the fact that a natural person does not have the capacity to carry out civil juristic acts with his or her own independent expressions of will. Article 20 of the Civil Code recognizes that minors under the age of eight are persons with no capacity for civil conduct.

Legal basis: Civil Code of the People's Republic of China.

Article 109:The personal freedom and personal dignity of natural persons are protected by law.

Article 101: Natural persons enjoy rights such as the right to life, the right to body, the right to health, the right to name, the right to portrait, the right to reputation, the right to honor, the right to privacy, and the right to marital autonomy. Legal persons and unincorporated organizations enjoy rights such as the right to name, reputation, and honor.

Article 111: The personal information of natural persons is protected by law.

Article 112:The personal rights of natural persons arising from marriage, family relations, and so forth are protected by law.

Article 113:The property rights of civil entities are equally protected by law. Article 114:Civil entities enjoy property rights in accordance with law.

The difference between natural rights and legal rights is that one right is prescribed by law and the other right is considered universal and morally given to all people at birth. Legal rights, also known as civil rights, are enforced by ** agencies to regulate criminal and civil matters. When laws are made, natural and legal rights are usually combined and natural rights are protected by law, such as the right to due process, so that the right to natural liberty cannot be taken away lightly.

Natural rights are self-evident and universal. Legal rights are granted to the people under their rule by a specific **, and are enacted and codified into law by the legislature of the country.

Natural rights are now often interpreted as the right to equality of existence, the right to life, the right to liberty, the right to happiness, and the right to property ownership.

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.

Freedom: Freedom refers to a person's ability to think and act as they want without interference from others. To this is the case of relative freedom, to which is added the case of non-infringement of others or the case of lawfulness.

This is a classification based on the basis of rights. Moral rights are supported by moral principles, legal rights are regulated by the legal system, and customary rights are based on customs and folk customs. 1]

Power: This refers specifically to public power, which refers to the ability of a person or institution to demand obedience from others.

In primitive societies, human beings were born absolutely free. Everyone can think and act as they wish, and everyone has the right to do anything. But absolute freedom can only lead to absolute chaos.

In a disorderly society, absolute freedom is not conducive to people's survival and development.

When freedom is violated, people legitimize their interests, including freedom. But such unfettered rights are only moral or customary rights, and they still cannot stop social chaos, and everyone's safety is still not guaranteed.

Therefore, in order to better protect their freedoms and rights, people sign contracts to cede all their power to the sovereign, so that various rules become laws and have coercive force. As Rousseau said, "Social order is a divine right that provides the basis for all other rights."

2] The sovereign constructs the "legal right" of social order through the power given by the people, embeds it into human society, regulates behavior, and makes laws.

For the sake of freedom, people can surrender their rights. But when power deteriorates and is no longer used to protect the people, it is also for the sake of freedom, and the people can overthrow this ** and take back power. The numerous peasant uprisings in ancient China are examples.

When the rule of **** is no longer beneficial to the people, it is legitimate to overthrow this dynasty.

Natural rights generally refer to the personal rights of citizens, and personal rights include citizens' portrait rights, reputation rights and many other rights, so natural rights mainly refer to the general external rights of citizens.

Legal rights refer to the limitation of relevant rights that are unique to the scope of laws and regulations, such as the right to custody, the right to education, the right to education, etc., and even the right to labor are mostly legal rights.

The relationship between natural power and legal power is that the two are basically juxtaposed, and they are both subordinate to the basic rights of citizens, and the greatest guarantee of the basic rights of citizens is effective laws and regulations!

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