权利客体的概念及层次

权利客体的概念及层次

Object of Right:Concept and its Levels

    期刊名称：《法学研究》
    期刊年份：
    作者：方新军
    单位：苏州大学东吴公法与比较法研究所
    中文关键词：权利客体;权利标的;权利内容;权利层次
    英文关键词：Object of right;subject-matter of right;content of right;level of right
    中文摘要：
    权利的客体是权利设立的基础，权利的标的是权利行使的对象，权利的内容是权利主体自由意志的行使方式。权利的客体要结合权利的层次作不同的分析，第一层次的权利客体包括物质客体和观念客体。第二层次的权利是第一层次的权利动起来的结果，第二层次的权利客体原则上是第一层次的权利，但是通过第二层次权利创设出来的新权利种类有例外。第三层次的权利是第二层次的权利动起来的结果，其客体原则上是第二层次的权利，其后依此类推。权利客体和权利标的的区分对于第一层次的权利分类没有意义，但是对第二层次及以后的权利分类意义重大。
    英文摘要：
    The analysis of object of right cannot be separated from the theory of right composition. Right is composed of inherent essentials and external ones. Inherent essentials consist of inherent formal and substantive essentials. The former are legal qualifications which are the outside clothes of right and the latter refer to the free will of subject of right which is the core of right. Right without legal qualifications is naked right, and right without free will is empty right. The analysis of the inherent essentials of right equals to the analysis of the right itself. External essentials of right consist of the subject and object that right relates to. The analysis of the external essentials of right is not the analysis of the right itself, but through this study we can achieve the goal of elaborate classification of rights. Object of right which particularly manifest the legal benefit of subject gives an explanation of right’s foundations, so it is the cross-point of free will and benefit of subject of right. The concretion of benefit is the specific classification of object of right. Right is the external existence of subject’s free will, and object is the external existence of right. Object of right should be analyzed according to different levels of rights. The first level of object of right includes physical object and ideal object. Right in the second level is the result of the running of right in the first level, and object of right in the second level is right in the first level principally, yet there are exceptions for new types of rights which are created by right in the second level. Right in the third level is the result of the running of right in the second level, and object of right in the third level is right in the second level principally, and so forth. Object of right is the base of establishing right, and subject-matter of right is the target to exercise right. For the classification of rights in the first level, there is no significance to distinguish object of right and subject-matter of right, as they are just coincident. But distinguishing them is very important for the classification of rights in the second level and beyond, especially for the classification of contractual obligatory rights.
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