法益性权利:权利认识新视域

权利由法律明确规定和保护,为权利人享有权利所带来的利益提供了一个确切的范围,同时也为其他主体不侵害该权利提供了一个清晰的警戒线。但法益性权利概念表明,在权利与社会观念相冲突、权利设定存在缺陷以及司法政策选择性保护和限制等场合下,权利也会蜕变为实质上的法益,权利的保护也可能会表现为“弱保护”。研究法益性权利问题有利于廓清权利损害赔偿的灰色地带,拓展权利救济的视域,从而促进权利保护制度的体系建构和完善。

Rights as Legal Interest: A New Perspective to Understand Rights

Rights are provided and protected by law, which defined a specific range of interest by the right holder to enjoy from his rights as well as a line of alert in order that others not infringe his/her rights. The definition of rights as legal interest shows that when rights are conflict with social views, defects exist in setting rights or judicial policy selectively protects or limits, rights can change into actual interest, and the protection of rights manifests as weak protection. The study of this may clear the grey area of remedy, explore the perspective of remedy, and promote the construction and perfection of legal protection regime.