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权利之功能在于保障人之自由,权利为意志的自由,以实证角度出发,权利主要包含利益与法律之力两种因素。请求权本质上系法律之力,不存在被侵犯之可能。请求权实乃相对法律关系的抽象与提取,基于基础权利而生。请求权为基础权利内在的法律之力的外化,旨在维护权利所含利益。请求权成为基础权利向诉权过渡的中介,体现了私法对个人自由的极大关怀与对意思自治的追求。
The function of the right is to guarantee the freedom of the person and the right is the freedom of the will. From an empirical point of view, the right mainly includes the two factors of interest and law. The power of claim is essentially the power of law, there is no possibility of being violated. The right of claim is the abstraction and extraction of relative legal relations, which is based on the basic rights. The externalization of the power of the law inherent in the right of claim is aimed at preserving the benefits contained in the right. The right of claim becomes the intermediary of the transition of the basic right to the right of action, which embodies the great concern of private law by individual law and the pursuit of autonomy of will.