权利结构——对霍菲尔德权利理论的分析和改造.docxVIP

Ａｂｓｔｒａｃｔ　“Right” is a fundamentally legal conception in the law and the most frequentin the legal terminology. But, it is often used inadequately and ambiguously.Hohfeld thought that the meanings of “rights” and “duties” are ambiguous. Itis widely accepted that the essence of all legal relations may be reduced to“rights” and “duties”, which could not discriminate a variety of complicatedlylegal relations. As the terminology of “rights” is used in different cases, they areactually indicated to divergent legal concepts.This article analyses four double fundamental legal conceptions separately,which are Hohfeld’ fundamental legal conceptionsthe lowest commondenominators, by means of semantic analysis and psychology, and are simplifiedto three double fundamentally legal conceptions, and make the conceptions of“rights” clear, and reveal various relations of concepts, and points out workingprocess of rights, and puts forward a new right structure model, and applies theright structure model to analyses differentiation of real rights and creditors rights,and raises a new differentiation of rights of property.Chapter　of this article reviews the interpretation methods of two kinds ofrights: interpretation of essentialism and interpretation of positivism. Croduces the theory of Hohfeld’ right analysis. Chapter　analyses four doublefundamentally legal conceptions separately by means of semantic analysis andpsychology, and compares with related conceptions, and indicates its unreasonableaspect, and finds out the wrong psychological roots by means of psychology.Chapter　reveals relations of the different conceptions related to rights andpoints out the standard of differentiation, and puts forward a new right analysistheory, and sets up right structure model. Finally, this article analyses conceptionof real rights and creditors rights according to right structure model, and putforward the new standard of differentiation.Key words: rightsHohfeldsemantic analysisstructure引言权利是一个在法律语言中