| The ontology of rights, the carriers of rights and the function of rights are the three basic elements of the concept of rights. The ontology of right is the justification of rights behavior. It expresses a general approving opinion or attitude of the members of the social group towards a certain behavior. The carriers of rights are the behaviors directed by justification, including self-directed behaviors, behaviors directed to things, behaviors directed to other persons, and behaviors of commanding others. The function of rights is the function of the approving attitude of the social group towards the subject behavior, and it is also the effect of the ontology of rights on the carriers of rights within the framework of the concept of rights. The function of rights can be divided into six related specific types, namely acceptance, show of goodwill, show of selection, exclusion, prohibition of infringement, and show of help. The concept of rights cannot be constructed if anyone of them is missing. The emphasis of the function of rights is on the expression of “the inviolability” and “the availability of help” of the rights behavior to other social subjects. The interpretation on the functions of rights based on the ontology of rights is conductive to the elimination of the misunderstandings on the the concepts of rights and the construction of the theory on rights interpretations in Chinese jurisprudence. |
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