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权利分为应有权利、法定权利和实有权利。应有权利通过广义上的立法程序成为法定权利。法定权利通过各种制度体系的综合作用成为实有权利。法定权利的实现对于法治社会建设具有重要意义。可以从过程和结果两个方面评价法定权利的实现程度。法定权利的实现以应有权利为逻辑前提,并受权利人素质、经济条件、法律制度、社会组织与公共道德的影响。实现法定权利,必须认真对待这些影响因素,并采取措施妥善应对之。
Rights are divided into entitlements, legal rights and real rights. There should be the right to statutory rights through a broad legislative process. Legal rights become the real right through the combined effect of various institutional systems. The realization of statutory rights is of great significance to the construction of a society ruled by law. The extent to which legal rights are realized can be evaluated from both the process and the outcome. The realization of statutory rights takes the right as the logical premise and is subject to the influence of the quality of right holders, economic conditions, legal system, social organization and public morals. To realize their legal rights, these influential factors must be taken seriously and measures must be taken to properly handle them.