The Logical Components Of Rights

In the law circle of our nation, the research of logical components ofrights comes into being with the gradually thorough study of rights and rightspractice. The article attempts to explore, explain argue my own understandingabout this issue, based on the existed research achievements. The paper consists of three parts: introduction, main body andconclusion. In the introduction, I mainly point out the implication of the logicalcomponents of rights (basically logic), including the theoretical and practicalsignificance of the research. Owing to the complicated development and therich meaning of rights, the article focuses on the dialectical logical meaning ofthe logical components of rights. I really expect that the study may providemethodological convenience for investigating and understanding rights, andfor solving the problems of rights. In the first part of the main body, my efforts center on three jobs. Firstly, Isummarize and generalize the professional study of the issue within nationallaw circle, and roughly divide them into element theory and structure theory,and take a step further to explain their respective viewpoints. Secondly, I makean analysis of the existed research achievements; mainly focusing on whetherthe subject of rights is a logical element of it, and on whether the historicaldevelopment of rights should be taken into consideration, and on whether thenational security is a component and on whether the interior components of itshould be subdivided .The attempt intends to serve my own statements aboutthe logical components of rights. Finally, I express my own cognition oflogical components of rights based on the existed study of the academic circles,that is, rights include four parts: subject, interest, behavior and justification,and these parts are made up of elements .By doing so, the logical componentsof rights will systematize, odorize and levelize, and it will avoid logicalconfusion. In order to increase the adaptation of the frame of analysis, Isubdivide the logical components into determinate elements and indeterminateelements, determinate elements are something indispensable while analyzing 67the problem of rights, while the latter are free to be chosen according to theconcrete situation. Since the frame of analysis has been established, my next task is tointerpret the components and elements of it .On one hand, it is for pragmaticpurpose, because it is impossible to analyze related problems of rights in termsof components and elements, without a clear understanding of their exactmeaning. On the other hand, it is for the sake of argument can be reasonableand consistent. The structure of the second part, using components as theunits of analysis, begins with the division of four subtitles, and thensubdivision according to concrete elements. During the process of analysis andexplanation, I insist on centering on rights, actively explore the support ofother subjects, and finally analyze it from the angle of jurisprudence. I strive toprecisely demonstrate the implication of components and elements, and therelationship between rights analysis and components and elements, and theexistential meaning and value. While interpreting subject, I attempt to definethe subject of law under the comprehensive analysis of the study andsubjectivity within philosophical circles, and put forward the four maincharacters of the law subject, and provide a basic tone for analyzing rights. Asan indefinite element, the subject of rights is made up of individual, socialgroup, society, state and human being. For the limitation of pages, whileexplaining, I undertake a delicate difference according to different situation,and decide the mayor points of analysis. As for individual, the emphasis is onits basis meaning and value, as for social group and society, the purpose is toclarify its connotation and extension; as for state, the focus is put onunderst...