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自1988年在长春召开的“法学基本范畴研讨会”提出权利和义务是法的基本范畴并倡议以权利和义务为轴心来推动我国社会主义法学基本理论的研究以来。这个观点和思路,引起了全国众多法学工作者的兴趣,并就这个问题展开了热烈地探讨和争鸣。很多学者认为:权利和义务这对范畴集中地体现了法律现象区别于其他社会现象的矛盾特殊性;坚持以马克思主义为指导,以权利和义务这对矛盾的运行和展开过程为逻辑线索去研究法律现象,是深化和完善马克思主义法学理论的有益探索。今年10月,东北法学教学与科研中心在大连组织召开了“民主、法制、权利、义务研讨会”,来自全国各地的与会者围绕会议主题展开了深入、热烈地讨论,其中权利和义务及其相互关系再次成为会议讨论的热点。本刊特邀请与会的部分专家和学者就此问题发表各自的见解,以期推动研究的进一步深入。
Since the seminar on the basic categories of law held in Changchun in 1988 proposed the rights and obligations as the basic category of law and advocated the promotion of the basic theory of social jurisprudence in our country with rights and obligations as its core. This view and mentality have aroused the interest of many legal practitioners throughout the country and has heatedly discussed and contested this issue. Many scholars think that the categories of rights and obligations focus on the contradictory particularity of legal phenomena from other social phenomena. Insisting on using Marxism as guidance and the contradiction between rights and obligations as the logic clues to study Legal phenomenon is a useful exploration of deepening and perfecting the theory of Marxist jurisprudence. In October this year, the Northeast Law Teaching and Research Center organized a seminar on “democracy, legal system, rights and obligations” in Dalian. Participants from all over the country conducted in-depth and enthusiastic discussions around the theme of the conference, in which the rights and obligations and their Interrelationship once again become a hot topic of discussion at the meeting. The journal invited some experts and scholars participating in the conference to express their opinions on this issue in order to promote further research.