The Logic Of Rights Stand Considerations

In the background of reform and opening up, in order to rectify a long time of "take the class struggle as the outline" as our legal route, at the end of 1980s, the early 1990s, jurists had a heated argument around "The law standard". Some people claim that "rights" as law standard, that view has won numerous supporters. They thought that the law take (must by) "right"as its starting point, the axle center or the center of gravity, " the right standard "offers an understanding of law system, reconstructed tools, theoretical framework, it should be based on "rights" restructuring Chinese law. Meanwhile many jurist expressed questioned and criticized, and formed a series of valuable academic theory. Western scholars also questioned and criticized the popular word"right discourse".In order to sort out the " the right standard " logic vein, I research the background of the right standard ", the main ideas, both Chinese and western jurisprudence to " the right standard ", and then again to questioned and criticized about" the right standard ", and attempts to point out a visiting sexual road.