What Is The Political Rights?

In the whole constitutional rights system, the political rights always occupy the important position. However, in the research of constitution and the provision of related laws, the concept of political rights has not been explained and defined definitely. The following depictions are the reason that results in the description of the concept of political rights: the disunity of what the concept of political rights refers to; the variance of understanding on the meaning and extension of the concept of political rights; the political rights as an academic concept don't accord with the political rights as a legal concept; the political rights don't get the effective relief; etc.The concept of political rights is considered not only by constitutional science, but also by criminal law science, jurisprudence and political science. The description of these academic achievement and related regulations is the basis of the discourse.Because the concept of political rights is used as an academic concept and a legal concept, as well as the flaw of the method of definition, I depict the concept of political rights from the two aspects with the method of description.By the description of the concept of political rights according to the word-building and in the system of constitutional rights, I think that the exact description of the concept of political rights is based on the objective and scientific frame of reference. And the frame of reference is"the different relation between citizen and state power the different kinds of constitutional rights reflect".Be opposite to the concept of liberty rights and the concept of the rights of getting benefit, the concept of political rights as an academic concept reflects the active status of the citizen toward the state. The political rights are the rights that the citizen participates in or to the foundation and operation of the state power by active means. According to the meaning of the concept of political rights, the extension of the concept of political rights could be described as the following: the political rights giving birth to the state power, the political rights participating in the operation of the state power, the political rights supervising the state power, the political rights knowing and commenting on the state affairs, the organizational political rights, and the antagonistic political rights.In order to understand the meaning and extension of the concept of political rights more clearly, it is necessary to describe the non-political rights such as the freedom of thinking and the similar terms to the term of political rights such as the democratic rights.After describing the concept of political rights as an academic concept accurately, I describe the concept of political rights as a legal concept. In the constitutional documents promulgated by the People's Republic of China, the meaning of the concept of political rights has not been defined, and the extension is in the process of changing. In the absence of defining the meaning and extension of the concept of political rights accurately, some regulations enlarge the legal effects of the deprivation of political rights. The people whose political rights are deprived not only forfeit the political rights defined by the Criminal Law, but also forfeit the liberty rights such as the business liberty and the rights of getting benefit such as the right getting the pension. Constitutional thinking over the regulations is necessary work, and the basis of the work is the accurate description of the meaning and extension of the concept of political rights.