Rights Structure

"Right" is a fundamentally legal conception in the law and the most frequent in the legal terminology. But, it is often used inadequately and ambiguously.Hohfeld thought that the meanings of "rights" and "duties" are ambiguous. It is widely accepted that the essence of all legal relations may be reduced to "rights" and "duties", which could not discriminate a variety of complicatedly legal relations. As the terminology of "rights" is used in different cases, they are actually indicated to divergent legal concepts. This article analyses four double fundamental legal conceptions separately, which are Hohfeld' fundamental legal conceptions——the lowest common denominators, by means of semantic analysis and psychology, and are simplified to three double fundamentally legal conceptions, and make the conceptions of "rights" clear, and reveal various relations of concepts, and points out working process of rights, and puts forward a new right structure model, and applies the right structure model to analyses differentiation of real rights and creditor's rights, and raises a new differentiation of rights of property.Chapter Ⅰ of this article reviews the interpretation methods of two kinds of rights: interpretation of essentialism and interpretation of positivism. Chapter Ⅱ introduces the theory of Hohfeld' right analysis. Chapter Ⅲ analyses four double fundamentally legal conceptions separately by means of semantic analysis and psychology, and compares with related conceptions, and indicates its unreasonable aspect, and finds out the wrong psychological roots by means of psychology. Chapter Ⅳ reveals relations of the different conceptions related to rights and points out the standard of differentiation, and puts forward a new right analysis theory, and sets up right structure model. Finally, this article analyses conception of real rights and creditor's rights according to right structure model, and put forward the new standard of differentiation.