On the Relation between Civil Rights and State Power in the Perspective of Constitutionalism

摘要

The classification of basic rights into positive rights and negative rights has theoretical and practical defects and need to be reviewed. Any basic rights,has dual attributes - positive and negative attribute,and has positive and negative powers and functions. The positive powers and functions correspond with the positive duty of the state,while the negative powers and functions correspond with the negative duty of the state. The relation between civil rights and state power is unidirectional,but not bidirectional.