权利－权利法理学论纲－“法律的一般理论”模式建构
摘要
Undisputedly, ”Rebuilding a jurisprudence” is one of the loudest slogan that current legal principle educational circles shouts. ”How to structure the new jurisprudence theory pattern?”, educational circles can be termed legal principles differently and opinions vary. The author proposes a Right-Right Jurisprudence theory pattern based on the study of the legal science basic contradiction, the legal science basic category system, the legal science basic model, the legal science elementary theory pattern discrimination research. The Right-Right Jurisprudence theory pattern takes the contradiction between rights as the basic contradiction, takes the right as the core category, and takes the right standard as the legal science ,and the author points out jurist's duty is to seek the balance of the right, the authority and the obligation and their function model.