论宪法权利学理分类之重构

宪法权利的学理分类是沟通宪法权利总论与宪法权利分论的桥梁,有利于为宪法权利体系的完善以及宪法权利的保障提供理论支持。基于宪法权利的内容、主体、性质、领域等对宪法权利进行的分类,各有优劣,但它们普遍忽视了各类宪法权利之间的联系。综合考虑宪法权利的涵义、本质特点以及彼此间的联系,可将宪法权利分为自由权、受益权、平等权三大类。

On Reconstruction of the Academic Classification of Constitutional Rights

The academic classification of constitutional fights is the bridge between pandect and sub-pandect of constitutional rights, which could help to provide theoretical support for the improvement of constitutional rights system,as well as the guarantee of constitution- al rights.A variety of classifications based upon content,subject,character and field of constitutional rights have their own advantages sad disadvantages.However,most of them neglect the relationship between all kinds of constitutional rights.Considering connotation,es- sential character and relationship of the constitutional rights,they could be divided into liberty,benefidal right and equality right.