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作者认为,从整体上看,“权利本位说”、“义务重心说”和“权利义务一致说”都是正确的,只是各自研究的基点与方法不同。三种学说分别以应然法,实在法(法律规范)和社会的法为基点,分别运用价值分析的方法、实证(规范)分析的方法和社会分析的方法,各有测重地研究了权利义务关系的不同层面。但“权利本位说”所崇尚与弘扬的法的民主精神,则是另外二说所未能涵盖的,这是“权利本位说”体现了时代精神的价值所在;应当使之焕发出实践的光芒。
The author believes that as a whole, “right-based theory of position”, “obligation center of gravity” and “right and obligation agreement” are all correct, except that the basis and method of their research are different. The three theories respectively use the method of value analysis, the method of empirical (normative) analysis and the method of social analysis based on the law of appropriateness, the law of truth (legal norms) and the law of the society, respectively, to study the relationship between rights and obligations Different levels. However, the democratic spirit of the law advocated and promoted by “rights-based theory” is not covered by the other two. This is the “value-based theory” that embodies the value of the spirit of the times and should give full play to its practice .