论文部分内容阅读
近几个月来,法学界在前几年已取得的研究成果的基础上,对人权理论进行了较集中的探讨。但是,人权理论中有些基本问题尚未很好地解决,本文试对其中几个问题再作一番探讨.一、人权的概念对于什么是人权这个问题,学术界见仁见智,但较有代表性的看法大致上有以下几种。(一)人权是法定权利,包括宪法和法律规定的各种权利:①(二)人权作为理想是对未来社会关系的一种要求,作为现实是对现存社会关系的一种规定;②(三)人权是一个人所应
In recent months, based on the research results that the legal profession has already made a few years ago, the theory of human rights has been more focused. However, there are some basic problems in human rights theory that have not yet been solved well, and this article tries to discuss some of these issues in the first place. First, the concept of human rights is a matter of opinion on what is human rights. There are basically the following. (1) Human rights are legal rights, including various rights stipulated by the Constitution and laws: (1) Human rights as an ideal is a requirement of future social relations, and reality is a stipulation of existing social relations; (2) Human rights should be one’s own