《牛津法律大辞典》“权利”辞条的撰写人带有明显怨气地写道:“权利(Right)——这是一个受到相当不友好对待和被使用过度的词。”可能是人们使用该词过度,也可能是该词所包含的内容过于复杂玄奥,众多法学家们绞尽脑汁提出的多种多样的关于权利的解说没有一种得到过普遍赞同的殊荣。所以,研究权利概念,给“权利”作一定义性解说,常常被认为是一件出力不讨好的事。笔者企图在这样不讨好的事情上出力是因为这件事太重要:如果没有一个大 The author of the “rights” article in the Oxford Dictionary of the Law, with obvious grudges, wrote: “Right - a term that is fairly unfriendly and overused.” It may be that people use that Excessive words, may also be the content of the word is too complicated and mysterious, many lawyers rack their brains proposed a wide range of rights on the commentary has not been universally approved by the award. Therefore, to study the concept of rights and give a definitive explanation of “rights” is often regarded as a thankless thing. The author’s attempt to contribute to such a pleasing matter is because the matter is too important: Without a large