On Nature of Variation Forms of Legal Power and Right and Legal Remedy
Guo Fu-qing
Abstract
Guo Fu-qing
Abstract
This article think there are two forms of legal right in inevitable legal relation,namely,right and power.Right expression is a relation of symmetry,reciprocal right and obligation within equal civil parties.Power comes from law,is coagulated by people's right in the law,people is an only legal resource of power.Power should obey,and serve right.The variation of forms of legal right and power makes power transform into right,or right changes into power,forming functions of right and power are opposite.Not only having damaged social public interest but also aggrieve citizen' legal right.Way of prevent power and right from variation is that clearly enact the boundary of between power and right,to quicken the process of democracy and law system,to set up control system of relation of legal power and right.
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This article think there are two forms of legal right in inevitable legal relation,namely,right and power.Right expression is a relation of symmetry,reciprocal right and obligation within equal civil parties.Power comes from law,is coagulated by people's right in the law,people is an only legal resource of power.Power should obey,and serve right.The variation of forms of legal right and power makes power transform into right,or right changes into power,forming functions of right and power are opposite.Not only having damaged social public interest but also aggrieve citizen' legal right.Way of prevent power and right from variation is that clearly enact the boundary of between power and right,to quicken the process of democracy and law system,to set up control system of relation of legal power and right.
Key concepts: Law, Obligation, Exclusive right, Power (physics), Political science, Reciprocal, Philosophy, Quantum mechanics