Legal Reflection And Correction Of The Compound Rules Of Rights And Obligations

The mainstream view in the legal circle holds that the compound rules of rights and obligations is an independent rule which objectively exists relative to the authorized rule and the obligatory rule.The nature of this kind of rule has both the right to grant and the obligation to set up;its characteristics include two aspects: on the one hand,the instructed object has the right to do certain acts in accordance with the provisions of the legal rules,on the other hand,it is their inescapable obligation to do these acts;its manifestation is usually the power rules in the law or the rules in the constitution concerning the basic rights and obligations of citizen education and labor.However,from the perspective of jurisprudence alone,whether from the analysis of structural elements,logical and semantic analysis of behavioral patterns,necessity analysis,analysis of unique functions and functions,analysis of independent forms of expression,analysis of facts combined with legal practice experience,or in the form of dispatch questionnaires and in-depth interviews,the author makes practical considerations on the compound rules of power and obligations,including the consideration of practical value and application effect.Fruit considerations.There is neither the possibility nor the necessity of independent existence of the compound rules of rights and obligationss,nor the unique function and function different from the authorized and obligatory rules,nor the independent manifestation.The rules consistent with the power rules and rights and obligations are essentially different and cannot be confused,and the compound rules of rights and obligationss do not have the value of independent existence.At present,there are no domestic scholars to systematically study and deeply reflect on the compound rules of rights and obligationss.This paper makes a comprehensive jurisprudential reflection and correction on the compound rules of rights and obligationss from both theoretical and practical aspects.The full text mainly includes six parts:The first part is the introduction.Firstly,through a simple and concrete practical case,the reason and significance of the topic are simply explained,and then the related theoretical research results at home and abroad are summarized,and the research ideas,structure and methods of this paper are introduced.The second part is the theoretical combing of the compound rules of rights and obligations.This part first defines the origin,connotation,characteristics and manifestation of the compound rules of rights and obligations;secondly,it deeply analyses the logical structure of the compound rules of rights and obligations;finally,it separately divides the compound rules of rights and obligations into authorization rules,obligation rules,consistency rules of rights and obligations and power rules.Points.The third part is the theoretical reflection of the compound rules of rights and obligations.This part makes a comprehensive theoretical reflection on the compound rules of rights and obligations from three aspects: the necessity of its independent existence,the analysis of its unique functions and functions,and the analysis of its independent manifestations.It finds that there are many contradictions in its jurisprudence.The fourth part is about the practical consideration of the compound rules of rights and obligations.On the one hand,it uses in-depth interviews and questionnaire adjustment to consider the practical value of the compound rules of rights and obligations,and through formal fairness and substantive fairness to consider the practical value;on the other hand,it uses questionnaire to consider the practical effect of the compound rules of rights and obligations,and chooses nine typical compound rules of rights and obligations.Norms can be divided into three categories: the subject of state power,the private rights of citizens and the private rights of enterprises as legal persons.The fifth part corrects the compound rules of rights and obligations in theory and practice.The contents of the theoretical correction include: 1.the compound rules of rights and obligations is not an independent type of legalrules,which should completely correct the misleading traditional theory and logic;2.the compound rules of rights and obligations does not have an independent function and should thoroughly correct the misleading function of traditional theory;3.The value of the compound rules of rights and obligations is difficult to realize,and the misleading value of traditional theory should be thoroughly corrected.The contents of practical correction include: 1.Completely rectify the misplacement of the concept and simplification of the compound rules of power and meaning from the legislative point of view.2.Correct thoroughly the idea and method of applying the compound rules of power and justice from the aspect of law enforcement.The sixth part is the conclusion,summarizing the full text.