我国法学界的许多学者都认为义务来自于权利,我不揣冒昧,作以下关于义务与权利关系的随想,以求教于法学界的老师、同仁。 1.义务与权利的区别何在? 有人认为,权利是利益,义务是负担和不利。 我想,另一种看法似乎更有道理。有的学者在指出权利构成的五个要素时指出:作为权利本质属性或构成要素的自由,指的是权利主体可以按个人意志去行 Many scholars in the jurisprudence of our country regard the obligation as coming from the right, and I do not presume to presume to make the following comparisons between the obligation and the right to seek advice from the teachers and colleagues in the jurisprudence field. 1. What is the difference between obligations and rights? Some people think that rights are interests and obligations are burdens and disadvantages. I think another view seems more reasonable. Some scholars point out that the five elements of the constitution of rights state that the freedom as the essential attribute or constituent element of rights means that the subject of rights can go according to his own will