长期以来,意志理论和利益理论占据权利概念理论的主要阵地。现代意志理论以哈特的权利选择理论为代表,主张权利是一种选择。利益理论则以拉兹的新发展为代表,认为构成权利的利益能给出向他人施加义务的充分理由。然而,这两种权利概念理论并不能很好地应对频繁出现的权利争议。本文推进权利利益理论,提出围绕角色责任判断构成权利之利益的标准,以期为法院裁判权利争议案件提供助益,也希望责任的引入能为正当行使权利提供更多可能。 For a long time, the will theory and the theory of interests occupy the main positions of the concept of rights theory. The modern will theory takes Hart’s right choice theory as the representative and advocates that the right is an option. The theory of interests, represented by the new development of Raz, holds the view that the interests that form the right can give good reasons for imposing obligations on others. However, these two conceptual concepts of rights do not deal well with the frequent disputes over rights. This article advances the theory of rights and interests and puts forward the criteria of judging the rights and interests constituting rights around the roles and responsibilities so as to provide benefits for the disputes over the jurisdiction of judgments of courts and also hope that the introduction of responsibilities can provide more possibilities for the proper exercise of rights.