Can you help me distinguish between rights and obligations?

The so-called rights refer to the rights and interests enjoyed by citizens in accordance with the law, which is manifested in the fact that citizens who enjoy rights have the right to perform certain acts and require others to do corresponding acts. The so-called obligation refers to the duties that citizens should perform in accordance with the law, which is manifested in the fact that citizens with obligations must perform certain acts or prohibit certain acts. This principle can be understood in the following ways.

Every citizen has the rights provided for by the Constitution and the law; At the same time, it is necessary to fulfill the obligations set out in the Constitution and laws.

2) From the perspective of the subject of legal relations, on the one hand, citizens are not only the holders of rights, but also the bearers of obligations. There is neither a right that exists separately from the obligation, nor an obligation that can be performed separately from the right. Therefore, rights and obligations are two indispensable aspects of the law, and citizens are both the subjects of rights and obligations in law.

On the other hand, the realization of rights requires the fulfillment of obligations, and the fulfillment of obligations requires the realization of rights. In other words, citizens need conditions to enjoy their rights, and the realization of these conditions depends on obligations to create, and if obligations are not fulfilled, then rights lose the basis for their existence. The rights of citizens are determined according to their obligations; In the same way, the obligations of a citizen are determined by the rights they enjoy.

3) From the perspective of China, under the socialist system, the rights and obligations of citizens are complementary and mutually reinforcing. The full realization of citizens' rights can arouse the people's sense of responsibility as masters, arouse people's enthusiasm and initiative, consciously assume their responsibilities to the state and society, and fulfill their obligations. With the development of the socialist cause, it in turn has provided and created conditions for the realization of citizens' rights.

4) As far as the requirements of citizens are concerned, in our country, all citizens must use the principle of unity of rights and obligations to regulate their own behavior, not only to conscientiously exercise their rights, but also to consciously fulfill their obligations, and in the exercise of rights, to fulfill obligations to the state, to society and the rights of others.

Articles 33 to 56 of the Constitution.

According to a TV Focus Interview, a factory in the south only registered voters when it was conducting the people's representative election, and after extensive and deliberate preparation of a list of two candidates. On the day of voting, instead of having the workers vote voluntarily, as stipulated in the election law, a worker of the factory voted on his behalf according to the will of the factory leadership. The fact that the workers did not participate in the polls caused a strong discontent among them.

For this reason, with the intervention and arrangement of the higher leadership, the workers of the factory re-participated in the voting.

Teacher's question: The workers in the above material 2 were not able to participate in the first vote. With the intervention of the relevant authorities, the workers have re-voted, and what fundamental rights are they enjoying under our Constitution?

What exactly is this right? What are the conditions for exercising this right? How can this right be exercised?

Student. (omitted).

Teacher's summary: Workers' participation in voting is the exercise of political rights and freedoms in the right to vote and to be elected. Political rights and freedoms refer to the rights and freedoms of citizens to participate in the political life of the state, manage state affairs, and express their will in accordance with the law.

You have the right to inherit your parents' estate when they die, and you have an obligation to support them during their lifetime.

Therefore, there is mutual assistance between rights and obligations. The so-called mutual assistance means that the realization of the value of rights must be carried out with the help of the role of obligations; In the same way, the realization of the value of obligations must also be marked by the exertion of the role of rights. The so-called mutual adequacy means that the maximization of the value of rights and obligations can only be viewed from the maximization of their respective corresponding roles.

The full play of the functions of the two will ultimately realize the mission of the law - the mission of protecting the freedom of subjects and integrating the social order.

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.

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.

3. 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).

Power has two meanings:

The first is the political coercive power, such as the state power, that is, the coercive power of the state, such as the legislative power, judicial power, executive power, etc.;

The second is the dominant power within the scope of responsibility, which is linked to a certain position, that is, with a certain position comes a corresponding certain power, such as exercising the power of the president of the General Assembly. Rights are a legal concept that generally refers to the rights and interests given to people, that is, the right to defend their interests. It is manifested in the fact that citizens who enjoy rights have the right to perform certain acts and to demand corresponding acts from others.

A right is a force that the law gives to a person to realize his interests, as opposed to an "obligation".

Power is the special influence between people, the ability of people to exert their predetermined influence on people.

The difference between the two is: the right is to oneself; Power is for others.

1.Rights are biased towards "law" and "interests".

For example, in August 1842, Britain forced the Qing Dynasty to sign the Treaty of Nanjing (China's first unequal treaty in modern times), ceding Guangzhou, Xiamen, Fuzhou, Ningbo, and Shanghai as treaty ports, and agreed that the taxes payable by British merchants on the import and export of goods in China must be agreed with Britain.

Consular jurisdiction has undermined China's judicial sovereignty. Such illegal privileges are ultra vires encroachment on the territory of a sovereign state.

And what is the territorial superiority of the state? The territorial superiority of a state, also known as "territorial jurisdiction" and "territorial supremacy", refers to the right of a state to exercise jurisdiction over all persons and things within its territory and the events that occur therein, except for those who are recognized by international law as immunities (such as persons enjoying diplomatic privileges and immunities).

Well, speaking of rights.

So what are the rights?

According to the encyclopedic interpretation, rights are a kind of power that the law gives people to realize their interests. rights, which are more "legal".

As I said earlier, the consular jurisdiction granted by Britain in the annex to the Treaty of Nanking has undermined the judicial sovereignty of our country.

Judicial sovereignty, judicial sovereignty, therefore, the interpretation of rights is placed in the interpretation of the territorial superiority of the state, and the territorial superiority of the state is placed in the interpretation of this consular jurisdiction, which is better than replacing it with "power".

[[If it involves the judicial sovereignty of the country, that is, about the law, there are more "interests" and the like (after signing the annex to the "Nanjing Treaty" at that time, the British people in China were also under their control, and often very unfair, so it was a great infringement of interests for the Chinese people and China at that time), so "rights" were used. 】

2.Power: is a special influence between people, the ability of some to have a desired and predetermined influence on others, or a relationship in which the behavior of one or many people causes a change in the behavior of another person or many others.

Maybe I'm writing a little verbose, I'm sorry.

The subject of power is not specific, whereas 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.

But as far as power is concerned, it is not available to anyone, it has specific subject limitations. Such restrictions are imposed by law.

Rights may be waived, and rights cannot be waived and are not transferable. Power, often "authority", is accompanied by duty. Relinquishing power can mean dereliction of duty, which is prohibited or even punished by law.

People's congress deputies correctly exercise their ......Power. Mayor, director ......Make good use of the power in your hands.

Power: The coercive power exercised by state organs to participate in public affairs in accordance with the provisions of the law, also known as public power, including judicial power, legislative power, administrative power, etc. If the law is not authorized, it cannot be done, otherwise it is an abuse of power; If the law stipulates that it must be, otherwise it is an omission.

For example, the law stipulates that citizens have the right to vote, and this right to vote is a right, and citizens can choose to vote or abstain from voting.

For another example, if the law does not stipulate that judicial power can be exercised, then this judicial power is power, and it cannot be done without authorization from the law, so it cannot exercise judicial power, and it is illegal to exercise it. 、

The law stipulates that the welfare department must provide relief to the disabled, and the welfare department does not provide relief to the disabled, which is also illegal and is called inaction.

The rights of citizens include the right to procreation, the right to education, the right to vote and the right to stand for election.

Article 34 Citizens of the People's Republic of China who have reached the age of 18 have the right to vote and to stand for election, regardless of ethnicity, race, sex, occupation, family background, religious belief, educational level, property status, or period of residence; However, this excepts apply to persons who have been deprived of their political rights in accordance with the law.

Article 35 Citizens of the People's Republic of China have freedom of speech, publication, assembly, association, procession, and demonstration.

Article 36: Citizens of the People's Republic of China have freedom of religious belief.

No state organ, social group, or individual may compel citizens to believe in a religion or not to believe in a religion, and must not discriminate against citizens who believe in a religion or those who do not believe in a religion.

The State protects normal religious activities. No one may use religion to engage in activities that disrupt social order, harm citizens' health, or obstruct the national education system.

Religious communities and religious affairs are not subject to the domination of foreign powers.

Article 37: The personal freedom of citizens of the People's Republic of China shall not be infringed upon.

No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and is enforced by the public security organs.

It is forbidden to illegally detain or otherwise unlawfully deprive or restrict a citizen's personal liberty, and to illegally search a citizen's body.

Article 38: The personal dignity of citizens of the People's Republic of China is inviolable. It is forbidden to insult, slander or falsely accuse citizens in any way.

Rights: the right to name, the right to reputation, the right to life and health, the right to portrait, the right to custody of property, the right to freedom of residence, the right to personal freedom, the right to education, the right to group demonstrations, and the right to religious belief.

Right 1the rights and duties of labor;

2.rights and duties to education;

3.the obligation of both husband and wife to practice family planning;

4.the obligation of parents to raise and educate their minor children;

5.Adult children are obliged to support their parents.

Fundamental Rights of Citizens:

1The right of citizens to participate in politics: the right to equality, the right to vote and the right to be elected.

2. Citizens' rights to personal freedom and freedom of belief: the right to honor and the right to reputation.

3. Socio-economic, educational and cultural rights of citizens: the right of citizens to work.

Basic Duties of Citizens:

1. Safeguard the security, honor and interests of the motherland.

2. The obligation to protect the motherland, to perform military service in accordance with the law, and to participate in militia organizations.

3. Obligation to pay taxes in accordance with the law.

4. Other obligations: Adult children have the obligation to support and support their parents.

Legal rights and obligations are an important constituent element of legal relations, and without legal rights and obligations, there is no legal relationship. A legal relationship is a legal relationship of rights and obligations between the subjects of a legal relationship.

1. Rights and obligations are interdependent. Rights and obligations, as the content elements constituting a legal relationship, are closely linked and inseparable. In a legal relationship, rights and obligations are interdependent.

The existence of obligations is the premise of the existence of rights, and the right holder must perform obligations in order to enjoy rights; Any right must be accompanied by one or more obligations to guarantee its realization; The same person in a legal relationship is both the subject of rights and the subject of obligations, and the obligee must bear obligations under certain conditions, and the obligor must enjoy rights under certain conditions.

2. Rights and obligations are independent of each other. Rights cannot be seen as obligations, nor can obligations be considered as rights. Blurring the boundaries between the two is bound to lead to legal errors.

In other words, rights and obligations have their own scope and limits. Beyond this limit, it is not protected by the law, or even violates the law.

3. Rights and obligations correspond to each other under certain conditions. Rights mean the acquisition and realization of benefits, and obligations mean the payment and burden of benefits; The state of obtaining or giving benefits between different social subjects established by law constitutes that under certain conditions, they can do or refrain from doing a certain act with each other, or require others to do or not do a certain act.

Rights act on people's behaviors with their unique interest-oriented and incentive mechanisms, and obligations act on people's behaviors with their unique restraint mechanisms and coercive mechanisms, and finally reach different social subjects based on the accurate understanding and exercise of their own rights and obligations.