Classification of rights
1. According to the nature of social relations in which citizens participate, it can be divided into political rights and general civil rights. The former, such as political and social freedom and the right to participate in state management; The latter, such as property rights.
2. According to the scope of the obligor, it can be divided into absolute rights and relative rights. Absolute rights, also known as the rights of the world, require that the undertaker of obligations is not a certain person or a certain range of people, but everyone, such as property rights and personal rights. Relative rights, also known as human rights, require an individual or a collective to undertake obligations, such as creditor's rights and damages.
3. According to the causality of rights, it can be divided into original rights and derivative rights, derivative rights or relief rights. The original right refers to the right that exists based on the confirmation of legal norms and does not need to be violated by others, also known as the first right, such as ownership; Derivative right refers to the legal right arising from the infringement of the original right by others, also known as the second right, such as the claim for damages arising from the infringement of property rights.
4. According to the internal relationship between rights, they can be divided into main rights and subordinate rights. Sovereignty refers to the right that can exist independently without attaching to other rights, such as property ownership; Subordinate right refers to the right based on the existence of the main right, and its creation, change and elimination are subordinate to the existence of the main right, such as mortgage.
Power form
1, coercive force. You can refuse or deprive others of some desired needs, or force others to do something against your original intention.
2. Reward power. Being able to give others what they want makes them feel happy.
3. Legal power. The power brought by the position and status officially granted by the organization. It depends on the inner thoughts of others, and needs others to recognize the legitimacy of this power and accept it.
4. Reference power. Give strength to those who are eager to identify with and follow the noble morality or superior intelligence. This kind of recognition and follow-up may be blind, because the latter may not be really noble or resourceful.
5. Expert power. Have some special knowledge and skills that can help others.
Legal Basis "China Law Yearbook"
The difference between the two:
First, the main body of exercise is different. The exercise subject of rights is the general subject, while the power is mainly the state organs and their staff.
Second, the punishment methods are different. Rights can generally be waived and transferred, while power must be exercised according to law and cannot be waived and transferred.
Third, the presumption rules are different. The rule of presumption of rights is that "there is no explicit prohibition by law, so it can be done." And power is only limited by express provisions, otherwise it is ultra vires.
Fourth, social functions are different. Rights generally reflect private interests, while power generally reflects public interests.