On The Structure Of Legal Rights

As one of the most important discourse forces of the present time,rights have gradually been accepted by people,and even become a kind of values for people to accept internalization.It is necessary to say that "right" becomes a strategy for people to emphasize their legitimacy.But for judicial practice,the purely strategic rights claim that there is no direct benefit.We must return to legal relations to recognize the legal rights.First of all,we should distinguish the different perspectives of the study of rights,which can be divided into the normative study of rights,the empirical study of rights and the analysis study of rights.The study of legal rights,which centers on legal relations,belongs to the analysis of rights.And,as the effective concentration of the research topic of this paper,basic concepts in this paper are necessary to define,make the research could be carried out in a specific range,be targeted and having substance in speech.Secondly,There are some problems in the research of the existing legal rights theory.It mainly includes problems in classification and problems in use.The classification of rights is of great importance for people to understand legal rights,but its operability is not very strong.What right is the right to abortion? What is its corresponding obligation and the subject of the obligation? The division of traditional legal rights and legal obligations is not applicable.There are many confusion about the use of legal rights,such as static rights and dynamic rights,legal rights and natural rights.Therefore,we need to put forward a new theory of legal rights structure in order to solve these problems.Thirdly,before we clearly put forward the more practical and explanatory power analysis theory,we must solve the precondition of legal rights--how to set up legal rights.The establishment of legal rights can be divided into substantive and formal settings in theory.The substantive setting refers to the use of moral auxiliary verbs,such as should,can,and prohibit the expression of words.With the help of different moral auxiliary verbs,we can express legal rights and legal obligations in the provisions of the law.The form is divided into two types: through the elements of legal rules and the "Salmond principle".However,it is different from the setting of the elements of legal rules and the aid of the "Salmond principle".The original classification of legal rights-legal obligations is generally unable to settle the "Salmond principle".Moreover,the formal setting and the substantive setting together with the moral attitude will achieve the goal of setting up the legal rights.Then,in view of the problems and argument leads to legal rights structure scheme.The new structure of legal rights is largely based on Hohfeld’s theory of the structure of rights.This theory of the structure of legal rights returns to legal relations,and brings privilege--the generalized legal rights set up by "Salmond principle"--into legal rights,which can fully illustrate cases.However,there are some problems in Hohfeld’s theory of right structure,such as the neglect of the elements of the internal structure,the separation of the internal and external structures,and the insufficiency of the two-dimensional illustration and display.Therefore,we need to further improve the legal rights Hohfeld structure,need to fully reveal the elements of internal structure,connection and structure as well as other icons will help both the internal and external structure of two-dimensional graphic cannot express fully display.It is expected to optimize the structure of legal rights and solve the problem that the original classification of legal rights-legal obligations can not be solved.Finally,two cases were introduced: Roy v.Wade(abortion right)and Wuxi frozen embryo.In order to confirm the existing problems in the original theory,two cases are not only placed in the original legal rights-the classification of legal obligations.And two cases are brought into the theory of legal rights structure to be tested.The conclusion proves that the theory of legal right structure can solve thiskind of problem more effectively.