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Rights are the stuff of the rich, and the people who don't have the money don't have to think about it.
Power is something inside the barrel of a gun, and grass people don't have to think about it.
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It is necessary to establish a correct view of power in dealing with rights.
The concept of power refers to the basic views and attitudes of leading cadres toward the issue of power, and is the concentrated embodiment of their world outlook, outlook on life, and values.
In order to treat rights correctly, it is necessary to eliminate misunderstandings, correctly understand power, and ensure that all power operates under the sun. Eliminate misunderstandings, grasp the circle in real life, and after some people have the so-called power, there will be some misunderstandings.
1. Power is private. mistakenly regard the power given by the people as a private good, and the power is in hand, so they want to fill the hole;
2. Power is autonomous. When exercising power, they often do not consider party discipline, state law, and the interests of the people, but take it for granted and do whatever they want;
3. Power is transactional. After some cadres gain power through abnormal means, they think that power is a kind of transaction. Once you have the power, if you don't make full use of it, you will suffer a loss, so you will use it as an excuse for trading power and money;
4. Power is practical. Some cadres believe that they have the right not to use it and to invalidate it when it expires. When you have the power, you don't maximize the use of power, and once you retire, you will be "out of the crowd", and your psychology will be out of balance.
These misconceptions are very harmful and must be dispelled. Correctly Understanding Power In order to correctly exercise power and establish a correct outlook on power, it is necessary to fully understand the true meaning of power.
Legal basis] Constitution of the People's Republic of China
Article 33 All persons with the nationality of the People's Republic of China are citizens of the People's Republic of China.
Citizens of the People's Republic of China are all equal before the law.
The State respects and protects human rights.
Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law. Article 41: Citizens of the People's Republic of China have the right to criticize and make suggestions to any State organ or State functionary; They have the right to lodge complaints, accusations, or reports with the relevant state organs for illegal acts or dereliction of duty committed by any state organ or state functionary, but they must not fabricate or distort facts to make false accusations and frame them.
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Both. 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.
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). 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.
A single subject cannot exercise its powers, because the powers are subject to the obedience of the other party in China, which is a relationship of management and obedience. Therefore, 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.
Legal basis] Article 109 of the Civil Code: The personal freedom and personal dignity of natural persons are protected by law.
Article 110 of the Civil Code: Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, marital autonomy and other rights. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor. <>
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Summary. Pro, right and power are two different concepts. Rights usually refer to the legitimate rights and interests of individuals or collectives conferred by laws, rules and regulations, etc., and are a subjective right stipulated in accordance with the law.
For example, citizens enjoy rights such as freedom of speech and property rights, and enterprises enjoy rights such as market competition rights and intellectual property rights. Once these rights are recognized by law, they have the legal effect of being guaranteed and upheld. Power, on the other hand, refers to the ability of a person or an organization to influence and control the behavior of others, and to restrain or dominate them by mastering specific resources, mechanisms or functions.
Power is often used to achieve one's own goals, defeat one's opponents, manipulate society, or control resources. For example, political leaders have important decision-making power, entrepreneurs control the allocation of resources in companies, and so on.
Pro, right and power are two different concepts. Rights usually refer to the legitimate rights and interests of individuals or collectives conferred by laws, rules and regulations, etc., and are a kind of subjective rights stipulated in accordance with the law. For example, citizens enjoy rights such as freedom of speech and property rights, and enterprises enjoy rights such as market competition rights and intellectual property rights.
Once these rights are recognized by law, they have the legal effect of being guaranteed and upheld. Power, on the other hand, refers to the ability of a person or an organization to influence and control the behavior of others through the mastery of specific resources, mechanisms or functions, and to have a chaotic restraining or dominating effect on them. Power is often used to achieve one's own goals, defeat one's opponents, manipulate society, or control resources.
For example, political leaders have important decision-making power, entrepreneurs control the allocation of resources in companies, and so on.
In short, power emphasizes the ability of a person or organization in Qinzhou to influence the behavior of others, while power emphasizes the protection and support of individuals or collectives in terms of law and ethics. Although there are similarities between the two, there are differences in concepts and meanings. <>
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. >>>More
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
The relationship between rights and obligations is consistent and inseparable, and the relationship between the two is one of interaction. Without obligations, rights cease to exist; Without rights, there is no need for obligations. At the same time, rights and obligations are guaranteed by power. >>>More
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Answer]: The so-called presumption of validity of rights refers to the fact that, in the absence of evidence to the contrary, the law stipulates that the possessor exercises the rights in the possession, and it is presumed that he enjoys such rights in accordance with the law. The reasons for this are: >>>More