法律、利益与权利

利益作为推动社会进步的动力,对经济的发展和法律的进步起着巨大的影响乃至决定性的作用,社会经济的发展和作为上层建筑的法律对利益又具有能动作用。承认人们的利益,就必须承认人们需要权利。在社会主义市场经济条件下,首先要承认追求利益是公民的一项基本权利,并且不能将权利和利益混为一团,只能将权利看作主体为追求利益而可以采取的行为。为了保障公民权利和利益的有效实现,既要以法律规范的方式赋予人们追求利益自主性的权利,也要以法律的方式规范人们参与市场的行为,同时,法律还应协调好公民个人利益、权利与国家权力的关系,并且少数人的权利和利益也应得到法律的保护。

Law, Interests and Rights

As a spur to the advancement of society,interests have greatly affected economy as well as law,and even became a decisive factor of that. In return, the development of economy and law acting as superstructure, have active functions over interests. Inevitably, acknowledging interests would lead to the acknowledging people's need of that. First of all, interests pursuing ought to be acknowledged as a fundamental right in the socialist market economy. And rights can only be regarded as actions for pursuing interests, which means that rights and interests should not be confused. In order to efficiently realize rights and interests of citizens, conferring legal rights of pursuing interests and normalizing peoples' participations in the market are both needed. For the law, the interests and rights of citizens, and the powers of the state should be coordinated, and the minority should be protected at the same time.