【摘要】 在各种代表性或经典性的定义或论述中，权利均是一个与利益、自由、平等、正义相关的法概念或法范畴。权利始终离不开利益与自由这两大基础范畴和核心因子，故权利应被定义为能满足社会主体需要、以自由与利益为核心因子构成的统一体或结合物。质言之，权利的本质属性应为主体可自主支配或选择的一种特定利益。以利益为源、自由为魂、利益与自由充分结合的权利，其正当性基础源于且应合乎人类正义、天道伦理、历史发展、生产力水平、法律精神。权利作为法律的元概念与元范畴，其对应坐标为义务。在权利与义务的关系上，权利先于义务，义务源于权利，权利对应着义务，义务受制于权利。不仅如此，权利还与权力存在着密切关联，与权利以特定利益为支配对象相比，权力以特定他主体为支配对象，系特定主体影响或改变他主体行为的支配力；权利与权力存在相互共生、互为依存和彼此转换、适度制约等复杂效应关系，并集中表现为权利先于权力、权力基于权利、权力为权利而生、权力因权利而成形、权利与权力彼此利用而又互为控制、权利与权力均存在被滥用的可能等多个方面。作为主体可自由享有、选择或支配的特定利益，权利可具体表述为“主体资格+机会权能+可得利益+自由意志+外在行为+实际权益”之复杂、多元内在要素组成的逻辑结构，并可依不同标准划分为不同类型。更多还原

【Abstract】 A right is a legal concept or legal category related to interests, freedom, equality and justice. In various representative and classical definitions or discussions, rights are always inseparable from the two basic categories and core elements of interests and freedom. So rights should be defined as a unity or combination that can meet the needs of social subjects and take freedom and interests as the core elements. In short, the essential attribute of rights should be specific interests that the subject can independently control or choose. The legitimacy basis of rights, with interests as the source, freedom as the soul and the full integration of interests and freedom, should originate from and conform to human justice, ethics, historical development, productivity level and legal spirit. As a primary concept and category of law, the corresponding counterpart of rights is duty. In the relationship between rights and duties, rights take precedence over duties, duties derive from rights, rights correspond to duties, and duties are subject to rights. Moreover, rights are closely linked to power. Unlike rights, which take specific interests as a primary object, power targets other specific subjects. It refers to a subject’s capacity to influence and alter the conduct of others. Rights and power share complex interactions such as symbiosis, interdependence, mutual transformation and mutual restraint which are mainly manifested in many aspects: rights precede power, power is based on rights, exists for rights, power is shaped by rights, rights and power interact and restrict one another. There is the possibility of abuse of rights and power. As specific interests that the subject can freely enjoy, choose or dominate, rights can be specifically expressed as a logical structure composed of complex and multiple internal elements such as subject qualification, opportunity power, available interests, free will, external behavior and actual interests; and it can be divided into different types according to different standards.更多还原