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“权利”定义的争议从古至今仍然众说纷纭。概念的模糊导致权利界限难以确定。转型期的中国社会,人们的权利意识愈发增强,各种权利冲突此起彼伏。面对权利冲突和模糊的权力界限,究竟什么权利可以限制,什么权利不能侵犯。以苏力先生的论文为标志,科斯的法律经济学解释方法逐渐受人关注。但是,以“理性个人”为基础,以“效率”为标准,以“收益最大化”为目标的法律经济学真的具有普世性价值吗。
The controversy over the definition of “rights” remains controversial from ancient times. The ambiguity of the concept leads to the determination of the limits of rights. In the transitional period of Chinese society, people’s awareness of their rights has become more and more intensified, and various kinds of conflicts of rights have come one after another. In the face of rights conflicts and vague power limits, what rights can be limited and what rights can not be violated. With Mr. Su Li’s essay as a sign, Coase’s method of interpretation of law and economics has drawn increasing attention. However, based on “rational individual ”, based on “efficiency ” as the standard, “income maximization ” as the goal of legal economics really have universal value.