Briefly describe the classification of rights and obligations.

Classification of rights and obligations 1. Basic rights and obligations and ordinary rights and obligations.

According to the difference between the fundamental law and the common law, rights and obligations can be divided into basic rights and obligations and ordinary rights and obligations. Basic rights and obligations are the basic rights and obligations of the people in the country's political life, economic life, cultural life and social life stipulated by the Constitution. Ordinary rights and obligations are the rights and obligations stipulated by ordinary laws outside the Constitution.

2. Absolute rights and obligations and relative rights and obligations

According to the corresponding subject scope, rights and obligations can be divided into absolute rights and obligations and relative rights and obligations. Absolute rights and obligations, also known as "rights to the world" and "obligations to the world", correspond to the rights and obligations of unspecified legal subjects: absolute rights correspond to unspecified obligors; Absolute debt corresponds to unspecified creditors. Relative rights and obligations, also known as "personal rights" and "personal obligations", correspond to the rights and obligations of specific legal subjects: "relative rights" correspond to specific obligors; "Relative obligation" corresponds to a specific obligee.

3. Individual rights and obligations, collective rights and obligations and state rights and obligations

According to the nature of the subject of rights and obligations, rights and obligations can be divided into individual rights and obligations, collective (legal person) rights and obligations and national rights and obligations. Individual rights and obligations refer to the rights and obligations enjoyed by individual citizens (natural persons) in law, while collective rights and obligations refer to the rights and obligations of state organs, social organizations, enterprises and institutions. The rights and obligations of the state are the rights and obligations of the state as the subject of legal relations in international law and domestic law.

The right to life and personal rights and obligations can be divided into personality right and identity right;

First, the right of personality

Personality right refers to the right that civil subjects enjoy based on their legal personality, with personality interests as the object and necessary to maintain their independent personality. Personality right includes concrete personality right and general personality right.

Specific personality rights include: life right, body right, health right, name right, name right, portrait right, reputation right, privacy right and credit right.

right to life

The right to life refers to the right not to be hurt or killed, or the right not to be hurt or killed, as well as the right to obtain life-sustaining material necessities and minimum health protection. This is also the most basic right in human rights.

(2) Personal rights

Body right refers to the right of natural persons to maintain the integrity of their limbs, organs and other tissues according to law. Body right has its unique scope of protection, and infringement of body right does not necessarily cause damage to life and health.

(iii) Right to health

The right to health refers to the right of natural persons to maintain their normal physical and psychological skills and social adaptability.

(4) Name right

The right to name refers to the right of citizens to decide their own names, use their own names, change their names and ask others to respect their names, which is a right with the interests of names as its content. It mainly includes the naming, use and change of names, as well as eliminating the obstruction and infringement of others.

(5) Name right

Name refers to a specific symbol established by legal persons and other organizations to distinguish them from other organizations when they participate in civil activities. The name of a legal person shall reflect its business nature, business activities and affiliation.

(6) Portrait right

be like

For example, it refers to the external performance of citizens' bodies, and objectively reproduces the external performance of the human body through traditional art and modern science, such as sculpture, photography and portrait. Portrait reflects the true image and personality of portrait.

Sign, so the portrait can not be separated from the personality of a specific person. Therefore, the right of portrait is a personal right for citizens to enjoy their own portrait interests and exclude others' infringement, and it is a personality right with the interests of citizens' image and characteristics as its content.

(7) Right of reputation

Reputation refers to the evaluation and summary of the morality, talent, reputation, goodwill, qualifications and achievements of a specific citizen or legal person by the society or others. The right of reputation is a personal right enjoyed by citizens and legal persons according to law, and its social evaluation is not infringed by others.

(8) Right to privacy

Privacy, also known as personal privacy, refers to the right of natural persons not to disclose or let others know their personal secrets.

(9) Creditor's rights

The corresponding trust and evaluation of society on the economic ability of civil subjects, and the right to maintain and maintain personality.

As civil subjects, both natural persons and legal persons enjoy the right of credit according to law, and no one else may illegally infringe upon this right, nor shall credit reporting agencies infringe upon this right.

General personality rights: the right of personality independence, the right of personality freedom and the right of personality dignity.

Second, the right to identity.

Identity right refers to a kind of civil right enjoyed by citizens or legal persons according to certain behaviors or relationships. As a kind of civil right, the right of identity is established not only for the benefit of the obligee, but also for the benefit of the counterpart. Therefore, the obligee must fulfill the corresponding legal obligations when exercising various identity rights endowed by law.

Identity rights mainly include: spouse rights, parental rights, parental rights (guardianship), honor rights, and identity rights in intellectual property rights (copyright, invention rights, patent rights, trademark rights, etc.). ).

Legal basis: personal rights in the fourth section of General Principles of Civil Law.

Article 98 Citizens have the right to life and health.

Article 99 Citizens have the right to name, and have the right to decide, use and change their names according to regulations. Interference, misappropriation and counterfeiting are prohibited.

Legal persons, individual industrial and commercial households and individual partnerships enjoy the right to name. Enterprise legal persons, individual industrial and commercial households and individual partnerships have the right to use and transfer their names according to law.

Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.

Article 101 Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.

Article 102 Citizens and legal persons enjoy the right of honor, and it is forbidden to illegally deprive them of their honorary titles.

Article 103 Citizens shall enjoy the right of autonomy in marriage, and buying and selling, arranged marriages and other acts that interfere with the freedom of marriage are prohibited.

Article 104 Marriage, family, the elderly, mothers and children are protected by law.

The legitimate rights and interests of the disabled are protected by law.

Article 105 Women enjoy equal civil rights with men.

Briefly describe the rights and obligations of citizens. Citizens have a wide range of rights.

Civil rights include personal rights, property rights, etc., which include personal freedom, portrait rights, life and health rights and many other contents. Property rights include property rights, creditor's rights and intellectual property rights.

Citizens' obligations include protecting national unity and territorial integrity,

See the General Principles of Civil Law for details.

The concept of rights and obligations in jurisprudence and classified obligations have two meanings: one is opposite to rights. Refers to political, legal and moral responsibilities. Kang Youwei's Book of Great Harmony, Part A, Chapter 4: "A husband should join the army and have a country as his obligation." Second, don't pay. In order to survive and develop better, human beings have established various social relations. According to the different ways of maintaining, all social relations can be divided into relatives, friends and colleagues According to different social fields, all social relations can be divided into economic relations, political relations and cultural relations, and the core content of all social relations is value relations or interest relations, that is, in all social relations, anyone should pay a certain amount on the one hand and obtain a certain amount on the other.

Discussion on the meaning, classification and legal significance of rights and obligations "Without obligation, there is no right, without right, there is no obligation"-this is a well-known legal maxim in Marx's works. However, people's understanding of this motto itself is not consistent. Many authoritative works and textbooks in China believe that Marx's motto is intended to reveal the fact that in the legal field, there must be corresponding obligations as well as rights; There are obligations and corresponding rights. In other words, the relationship between rights and obligations is mutual correspondence, interdependence and mutual conditions. Without either side, the other side cannot exist. For example, there is no corresponding debt without a certain creditor's right, and there is no corresponding creditor's right without a certain debt. The author believes that this understanding is far from the original intention. According to my personal opinion, Marx's motto is not a statement of facts, so its original intention is not to point out that rights and righteousness are facts that correspond to each other, depend on each other and are mutually conditional. On the contrary, it is a value statement that has nothing to do with the facts, and it is intended to clarify what rights and obligations are just and reasonable. The fact statement answers the question of what the fact is, while the value statement answers the question of what it should be. If a value statement is interpreted as a fact statement, it is bound to be opposite in understanding. "Without obligation, there is no right, and without right, there is no obligation" was added in the preface of 1864 International Working Men’s Association's Articles of Association as the guiding ideology and basic principle for formulating rules and distributing rights and obligations. If what this sentence wants to say is only the fact that rights and obligations always correspond, then there is no need to solemnly declare that it is the spirit of guiding legislation and the principle of distributing rights and obligations. Because: first, this is well-known common sense, and anyone with normal reason will understand and understand it; Second, no one denies this common sense. Even feudal lords will admit that the rights of the master correspond to the obligations of slaves, and the obligations of slaves correspond to the rights of the master. The rights and obligations of both parties are interdependent and mutually conditional; Third, no matter how the legislators who make rules allocate rights and obligations, they will not hinder the fact that rights and obligations are corresponding, interdependent and mutually conditional. Obviously, this strange legislative principle will never appear. If this sentence of Marx is interpreted as a value statement, its meaning is very clear. Marx pointed out at the beginning of the articles of association: "The liberation struggle of the working class is not to fight for class privileges and monopoly privileges, but to fight for equal rights and obligations and eliminate any class rule." At last, the preface takes "no obligation, no right, no right, no obligation" as the basic principle of making rules. This shows that the real intention of the motto is to clarify the relationship between rights and obligations in the ideal social rule system according to the value standards of the working class. In other words, it answers the question of how legislators should allocate rights and obligations, rather than how rights and obligations are actually related to each other. This sentence of Marx can be expressed as a French proverb, which contains great legal value. It has at least the following four basic meanings: first, privilege is not a right. The so-called "no rights and no obligations" means that when legislators make rules, if some people only enjoy rights and do not assume obligations like the hierarchical system, then this right is no longer a real right. In essence, right means some legitimacy, while "right without obligation" loses its essence and becomes an improper privilege because of the loss of legitimacy. Therefore, people no longer regard it as a right. Here, if "right without obligation" is interpreted as a factual statement, it is a false statement that obviously goes against the facts, because there is actually "right without obligation" and hierarchical privilege is "right without obligation". However, the real mistake is not the author who made the statement, but the reader who misunderstood the author. This once again shows that "no rights and no obligations" is a kind of value statement, and it just declares to people that "no obligations" is just an improper privilege rather than a right under the value standard of legislators, and it is not worthy of respect. Second, privileges cannot create obligations. The so-called "no rights and no obligations" means that when legislators make rules, if some people only assume obligations and do not enjoy rights, then this obligation is no longer a real obligation. Like "no obligation, no right", "no right, no obligation" cannot be interpreted as a statement of fact, because there is indeed an obligation without rights. The lower classes (such as serfs), as the social majority in the hierarchy, bear heavy "obligations without rights", so the legislators at that time imposed such obligations on them in order to protect "rights without obligations", that is, privileges. As a statement of value, "no rights, no obligations" is also a declaration to the world that "obligations without rights" set for the protection of privileges are unfair according to the legal values of legislators, and it is difficult to become a real obligation, because it comes from privileges and meets the needs of privileges. Therefore, there is no reason for anyone to ask others to fulfill this obligation. On the contrary, it is refused. Third, true rights mean equal treatment in law. "Without obligation, there is no right, and without right, there is no obligation" is a negative value statement, which declares what should be avoided when allocating rights and obligations. However, as a guiding principle of legislation, it is not enough to just point out what should not be done. It must also show legislators how to arrange rights and obligations in a positive form. Therefore, this maxim actually expresses a positive thought in the form of negation. When the privilege it denies is a right, it also contains an answer to what is a right. From this, we may draw the following inference: "the right without obligation" is not a right, because it embodies the spirit of differential treatment of law, thus losing its own essence and becoming a privilege. Therefore, to make a right a real right, it must be the "equal right" mentioned at the beginning of the articles of association, which requires legislators to adhere to legal equality when distributing rights and obligations. The conclusion is that privilege is not a right and is not worthy of respect. The right to equality is a real right and should be respected. Fourth, equal rights create obligations. Since the obligation to meet the needs of privilege is not justified, it is not an obligation, so how to set an obligation to justify it? What kind of obligations should people abide by? In fact, the negative statement that "no rights, no obligations" has been clearly answered: obligations can only come from rights, not privileges. It is precisely to ensure the equal rights that people generally enjoy that legislators have the reason to impose universal obligations on each subject equally. If the "obligation without rights" comes from and serves improper privileges, which completely violates modern legal values, then the real obligation should be the extension and derivation of rights, which comes from and serves equal rights, and only the obligation required by such equal rights is the obligation recognized by our laws and the obligation that each of us must take seriously.

Dialectical relationship between rights and obligations? First, the unity of opposites between rights and obligations.

Two. Interdependence of rights and obligations

3. Rights can be waived, but obligations cannot be waived.

4. Rights and obligations are a corresponding relationship.

Sometimes some rights are obligations in themselves.

Law is a code of conduct that stipulates people's rights and obligations. The ruling class stipulates certain rights and obligations for people through legal norms, protects its own interests, and maintains social relations and social order beneficial to its own class. For example, the constitution generally stipulates the basic rights and obligations of citizens, and other departmental laws stipulate the rights and obligations of citizens in certain social relations in a certain way. The purpose of the implementation of legal norms is precisely to fix social relations and social order that are beneficial and suitable for the ruling class. Law is a norm of the unity of rights and obligations.

In law, rights and obligations always appear at the same time, and they show the following interrelationships:

First, the unity of opposites between rights and obligations.

From a dialectical point of view, rights and obligations have both differences and connections, as well as oppositions and unity. Ignoring any kind of relationship is unscientific and incomplete. Generally speaking, people pay more attention to the difference, opposition and complementary relationship between rights and obligations, and less attention to the deeper unity relationship between them, that is, the consistency in origin. In fact, obligation is not an alien independent of rights, but a cluster of branches on the tree of rights. It is a special form of right, an objectified right, and a right whose subject and content have changed. Only when each right subject does his duty can he realize and safeguard his rights. It can be seen that the true content of the obligation and the goal set by the obligation are still certain rights and interests, and the obligation itself is only the responsibility to realize certain interests and enjoy certain rights. From the perspective of civil law, right is a legal and technical means of interest distribution, while obligation is another technical concept established to normalize this interest distribution (only legitimate interests are allowed), so obligation is set for right. Rights define interests, obligations define rights, and the motivation, purpose, focus and implementation point of obligation setting all revolve around the central axis of right definition and benefit distribution. All kinds of prohibitive norms and mandatory norms in law are not obligations to obligations, but restrictions to restrictions. Its purpose is to prevent people from obtaining illegitimate rights and preventing people's legitimate rights from being violated. Even the legislation of slave owners and many feudal rulers pushed almost all the obligations to the exploited class, and its purpose was to safeguard the rights and interests of the exploited class.

Law regulates people's behavior and social relations with rights and obligations as the mechanism. It is precisely because of their special position in law that different legal disciplines discuss this issue in different ways. However, due to various reasons, so far, people's understanding of the relationship between rights and obligations is not deep. Therefore, the theoretical viewpoints that summarize these understandings often cannot withstand careful scrutiny to a great extent. Some of them are groundless. Some stay at the level of inductive phenomena, some are specious, and some are obviously wrong. The author believes that the study of the relationship between rights and obligations must be based on the following principles: first, we must adhere to the principled stand of Marxist materialism and dialectics, and we must analyze living legal phenomena and summarize and discover laws from the whole historical process of the emergence and development of rights and obligations; Secondly, the theory of the relationship between rights and obligations should fully reflect some inherent laws of the relationship between them, which should be a high degree of unity of legal values, norms and factual operation; Third, the theory of the relationship between rights and obligations should fully reflect the * * * essence of human social laws, which is of universal significance. On this premise, this paper analyzes the relationship between rights and obligations, and tries to sum up the general law of the development of the relationship between rights and obligations under the guidance of Marxist philosophy and by combing the existing theories, which also provides a dialectical idea for legal research.

Briefly describe the rights and obligations of law firms? Law firm refers to the working organization where People's Republic of China (PRC) lawyers perform their duties and carry out business activities. The organization of law firms is supervised and managed by judicial administrative organs and lawyers associations. According to the relevant provisions of the Lawyers Law of China, their rights and obligations are summarized as the following five aspects:

1, the right to independently practice law;

2. Law firms and lawyers shall pay taxes according to law;

3. Law firms and lawyers shall not engage in business by slandering other law firms and lawyers or paying referral fees.

4. Law firms shall not engage in business activities other than legal services;

5. A law firm shall, after the annual examination, submit the annual practice report and the examination results of lawyers' practice to the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government.

The meaning of civil rights and obligations hello, the basic rights of citizens refer to the main and indispensable rights enjoyed by citizens under the Constitution. As we all know, the legal rights of citizens are varied in name and scope, including both basic rights and general rights. However, as the fundamental law of the country, it is neither possible nor necessary to stipulate various rights of citizens, so the constitution can only confirm some basic rights.

The basic obligations of citizens, also known as constitutional obligations, refer to the fundamental responsibilities that citizens must abide by and do according to the constitution: the basic obligations of citizens are of primary significance to the country, and they form the basis of obligations stipulated by ordinary laws. The basic obligations and rights of citizens jointly reflect and determine the political and legal status of citizens in the country, which constitutes the basis and principle of civil rights and obligations stipulated by ordinary laws.

What is the relationship between citizens' rights and obligations? Obligation is a tool to strengthen rights, and rights are an incentive to fulfill obligations.