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1. The subject of the behavior is different from the behavior attributes. The subjects of rights are generally citizens, legal persons and other social organizations (when state organs carry out civil acts, they are also the subjects of rights). 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 "powers", which are a kind of public power.
2. Mandatory is different. Both rights and powers are coercive on the counterpart. The subject who enjoys the right in law can require the relative human or non-certain behavior according to the law, which is also a kind of compulsion, but it is different from the coercion of power.
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.
If the debtor is not allowed to be detained or beaten for debt collection. Therefore, the coercion of power is direct, and the coercion of power is mediated by power and is indirect.
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Power refers to ** or **, a unit or leader, commanding the people or subordinates. The right refers to the use of the power in the hands of the position to seek money and goods, etc., and the two differences are obvious.
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Power is the power of governance, and power is the power of law.
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1. Different meanings:
Power refers to the ability and power to influence and dictate the behavior of others according to certain rules and regulations. "Competence and strength" here refers to the threat of punishment for disobedience. The phenomenon of power exists in all areas of people's lives, such as the management power of factory directors and managers over their employees within an enterprise; the organizational and management power of leaders within various social groups over their members, etc.;
Rights refer to the rights and qualifications conferred on people by the laws of the country or the rules of the organization. It is manifested in the fact that a person with a right can do a certain act or require others to do or not do a certain act. The rights mentioned in the junior high school "Ethics and the Rule of Law" mainly refer to the rights and qualifications granted to people by the laws of the country, that is, civil rights.
2. Whether it has coercive force is different
In many cases, power is manifested as a coercive force, that is, the subject of power can punish the act against the will of the subject of power by virtue of its own power and relevant regulations. For others, rights are a kind of request, not a coercive force. For example, the creditor has the right to request the debtor to repay the debt, but the creditor cannot take coercive measures such as detention or beating against the debtor because the debtor refuses to repay the debt, but can only request the state to exercise its power to protect or remedy.
4. The scope of the beneficiaries is different
Civil rights are available to all citizens, while public power is reserved only to the executors and managers of public power.
5. The interests represented by the two are different:
State power often represents the public good, while power represents the interests of the individual. Therefore, in a certain sense, power and rights can be said to be the difference between public and private. It is permissible to use power for personal gain, but it is illegal to use power for personal gain.
Legal basisArticle 109 of the Civil Code of the People's Republic of China.
Those engaged in medical and scientific research activities related to human genes, human embryos, and so forth shall abide by laws, administrative regulations, and relevant state provisions, and must not endanger human health, violate ethics and morality, or harm the public interest.
Article 1010.
Where sexual harassment is carried out against the will of others by means such as words, writing, images, or physical conduct, the victim has the right to request that the perpetrator bear civil liability in accordance with law.
State organs, enterprises, schools, and other such units shall employ reasonable measures such as prevention, acceptance of complaints, and investigation and disposition, to prevent and stop the use of authority, subordination, and so forth to carry out sexual harassment.
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. >>>More
You've hit someone on the highway! Shout out that my dad is Li Gang. The traffic police instigated this, this is the right!! Haaaha.
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. >>>More
1. Rights refer to the permission and protection of the law for the subject of legal relations to be able to do or not to perform certain acts, and to require others to do or not to perform certain acts accordingly. >>>More
The Constitution stipulates the fundamental rights of our citizens: equality before the law; political rights and freedoms; freedom of religion or belief; personal and personality rights; the right to supervision; Social Spring Macro Economic Rights; socio-cultural rights and freedoms; women's right to protection; Marriages are unmarried, and families, mothers and children are protected by the State; The legitimate rights and interests of overseas Chinese, returned overseas Chinese, and their relatives are protected by the state.