On the afternoon of January 7,2020,Professor Zhang Hengshan,an outstanding professor and doctoral tutor of Tianjin University Law School,was invited to our school to give an academic report entitled"The Ontology,Carrier and Function of Rights".This lecture was jointly organized by the Department of Humanities and Social Sciences of Yangzhou University,Yangzhou University Law School,Guangling College of Yangzhou University and Jiangsu Shengwang Law Firm,chaired by Dean Cai Baogang,some teachers,undergraduates,graduate students and nearly 100 young lawyers from Shengwang Law Firm listened to the report.
Professor Zhang first discussed the ontology of rights.He pointed out that rights are different from behavioral activities that can be specifically observed and grasped.Right is an abstract thing,a concept that expresses the phenomenon of human spiritual activity.The main body of understanding that engages in spiritual activity and produces rights is not the right holder himself,but the members of the social group who coexist with the right holder.The concept equivalent to the concept of"rights"is"legitimate"."Right"is to express people's concept of evaluative mental activity.Simply put,it is only a fact that a person engages in a certain behavior;a person who engages in a certain behavior is recognized and approved by members of the social group,or in a state of being recognized and approved by the members of the social group,this is the right".Professor Zhang analyzed the carrier of rights,that is,rights are embodied through rights acts.The behaviors associated with rights are divided into:behavior toward oneself,behavior toward things,behavior toward people,and behavior toward others.Rights are supported by"rights",which is"rightful behavior."What can be the carrier of rights can only be the conscious behavior of human beings.On the other hand,those phenomena that are not conscious behaviors of humans cannot be the"carrier of rights".Phenomena that cannot be"carriers of rights"include natural phenomena,social state phenomena,and fuzzy behavior phenomena.Professor Zhang explained the function of rights.Explaining the function of rights is to explain the concept of"rights"invented by mankind.What kind of functional role does it actually play in people's social interaction practices?Professor Zhang pointed out that the function of rights is the information conveyed by the concept of rights,which is the information that social groups pass to certain actors or other social actors through the concept of“rights”.Behavior-related attitudes and perceptions of corresponding behaviors.The right has the function of recognition,showing goodness,showing selection,showing return,prohibiting infringement,and showing help.
Professor Zhang also focused on the analysis of the difference between rights and interests.He believes that rights is the affirmation,approval,and permissible views of individual behaviors by members of society,and people can engage in certain behaviors based on such views,and realize or pursue certain benefits through certain behaviors.Rights is linked to actions,and actions is linked to interests.Rights is directed to behaviors,and behaviors is directed to interests,which mainly include maintaining interests,accepting interests,exempting from responsibility,pursuing interests,making others act,giving up interests,giving benefits,bearing burdens,and acting bravely.Professor Zhang further explained legal rights.He pointed out that legal rights are recognized by the legal rules representing the prearranged opinions of the society and the country,and the legitimacy of the subject's actions or omissions to certain behaviors under the premise that the pre-established restrictions of the legal rules can be realized.To understand legal rights,one should pay attention to the following points:First,the phenomenon that legal rights belong to an ideological form refers to the legitimacy of a behavior.The so-called"legitimateness"refers to the perception and evaluation attitude of members of society on this behavior.The second is that legal rights,as a positive evaluation and recognition of a behavior,are ostensibly stipulated by legal rules.The third is the legitimacy of the behavior expressed by legal rights,which essentially expresses the attitude and knowledge of the state,and this attitude and knowledge of the state is based on the attitude and knowledge of members of the society.Fourth,the basis for social members to make a“justified”evaluation of a behavior is the harmless standard of“no harm to others”.
Professor Zhang explained the most basic legal issues in jurisprudence through a step-by-step teaching method and demonstrated the profound academic attainments of Professor Zhang.In the interactive communication session,students asked questions about the concept of rights,whether there is relativity between rights and obligations,and the relationship between legal rationality and practical rationality.Professor Zhang's rigorous and incisive answer won rounds of applause from the teachers and students.
