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The Most Basic Legal Phenomena is not Right and Obligation but Right and Power

XU Dong-ge

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Abstract

Professor Tong Zhiwei points out that the most basic legal phenomena is not right and obligation but right and power, names the relationship between right and power with legal power, discloses the relation between power on public law and right on private law and clarifies obligation corresponding to right and power, which is a new explanation on the concept of legal power. The new explanation distinguishes between the conception of right and its broad sense. The book combines the basic conception on jurisprudence and that on constitution; meanwhile, the studying method is unique, which provides a new perspective for study.

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What this paper is about

Professor Tong Zhiwei points out that the most basic legal phenomena is not right and obligation but right and power, names the relationship between right and power with legal power, discloses the relation between power on public law and right on private law and clarifies obligation corresponding to right and power, which is a new explanation on the concept of legal power. The new explanation distinguishes between the conception of right and its broad sense. The book combines the basic conception on jurisprudence and that on constitution; meanwhile, the studying method is unique, which provides a new perspective for study.

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Available abstract

Professor Tong Zhiwei points out that the most basic legal phenomena is not right and obligation but right and power, names the relationship between right and power with legal power, discloses the relation between power on public law and right on private law and clarifies obligation corresponding to right and power, which is a new explanation on the concept of legal power. The new explanation distinguishes between the conception of right and its broad sense. The book combines the basic conception on jurisprudence and that on constitution; meanwhile, the studying method is unique, which provides a new perspective for study.

Key concepts: Obligation, Exclusive right, Jurisprudence, Law, Constitution, Power (physics), Perspective (graphical), Political science

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