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吉林大学法学院以中青年教师为主的繁荣马克思主义法学研讨班在最近两次讨论中,对权利与义务的相互关系问题进行了深入的探索。在质难问疑的论辩中形成了两种有代表性的观点。现将它们分别作一简要介绍。第一种观点认为:在权利与义务的相互关系中应以权利为本位。1.权利本位的语境。为了避免歧义,这种观点指出,(1)权利本位是一个关系性概念,指在权利与义务的相互关系中,权利居于主导地位,是起点、轴心,重心即本位。因此,它不直接涉及法律主体等其它因素。(2)权利本位是一个系统性概念。它所揭示的是在某一国家的法律整体中,即
In the two most recent discussions, the Seminar on Prosperity and Development of Marxist Law held mainly by young and middle-aged teachers in Law School of Jilin University conducted an in-depth exploration of the interrelationship between rights and obligations. Two representative opinions were formed in the argument of quality and doubt. Now they make a brief introduction respectively. The first view is that rights should be based on the interrelationship between rights and obligations. 1. Right-based context. To avoid ambiguity, this view points out that: (1) The concept of rights is a relational concept, which refers to the relationship between rights and obligations, the dominant position of rights, is the starting point, axis, center of gravity that is the standard. Therefore, it does not directly involve the legal subject and other factors. (2) The standard of rights is a systematic concept. What it reveals is the law in a country as a whole