近年来,我国法学界关心人权问题的人日见其多。这方面的研究正在全面展开和逐步深入,已经涉及的问题殊多,其中独具特色的莫过于“人权与法律”方面的问题。就笔者所知,现作如下综述。 (一)关于人权的本原 主要有以下几种争论意见: 1.人权是商品经济的产物。与此相反的观点指出,事实上在资本主义社会前后都存在 In recent years, more and more people in China’s jurisprudence are concerned about the issue of human rights. Research in this area is being carried out in an all-round way and has been gradually deepening. Many issues have already been covered. Among them, there are no distinctive features on the issue of “human rights and the law.” As far as I know, I will summarize the following. (1) There are mainly the following opinions on the origin of human rights: 1. Human rights are the product of the commodity economy. The opposite view points out that in fact there are both before and after the capitalist society