作为新型权利的流浪权诉求,隐含着“法律与空间”这样一个更具一般性的论题。然而,在当代社会,对“空间”的理解应当更加多元。此外,还应当予以明确的是,虽然流浪是重要的习惯性事实,但将之转化为法定权利并不具有当然合理性。对“权利推定”命题的重新解读也表明,推定的流浪权只能是自然权利或习惯权利。当下,对新型权利的探讨,需遵循“权利保护穷尽”的原则。仅就流浪权而言,一个可行的发展路向乃是将流浪权的诉求作为一种权利理念,而后再细分流浪权可能关涉的权利事项,进而在具体的权利维度上,实现具体正义。 As a new type of rights, the quest for the right to romanticize implies a more general topic such as “law and space”. However, in contemporary society, the understanding of “space ” should be more diverse. In addition, it should also be made clear that while vagrancy is an important, customary fact, it is not, of course, justified to translate it into statutory rights. A re-interpretation of the proposition of “presumption of rights” also shows that presumptive romantic rights can only be natural rights or customary rights. At present, the discussion of new types of rights must follow the principle of “exhaustion of rights protection”. As far as the right to romantic strife is concerned, a feasible way of development is to regard the claim of romantic right as a kind of concept of right, and then to divide the right matters that may be involved in the right of strife, and then to realize concrete justice on the specific dimension of rights.