文章摘要

常安.论图书馆权利体系中的自由与平等及其统一[J].中国图书馆学报,2015,41(1):28~37
论图书馆权利体系中的自由与平等及其统一
The Unity of Freedom and Equality in Library Rights System
  
DOI:10.13530/j.cnki.jlis.150003
中文关键词: 图书馆权利  自由与平等  制度正义
英文关键词: Library rights  Freedom and equality  System justice
基金项目:
作者单位E-mail
常安 西北政法大学行政法学院 西安 710063 croon1978@sohu.com 
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中文摘要:
      本文以自由与平等的冲突根源与内在联系为分析起点,认为作为制度正义的核心命题,二者间存在的内在张力和关联为图书馆权利体系的建构提供了参考。结合图书馆权利体系中自由与平等的具体内容,认为:图书馆作为一种正义的制度安排,在制度建构中必然会提出对自由和平等的主张和安排,这种制度正义性构成了图书馆权利体系中自由与平等统一的基石;图书馆需要通过积极的制度建构,以规范的形式确认自由和平等权利以及国家在实现图书馆自由平等权中的积极角色,使图书馆自由与平等权利从应有权利走向法定权利。图1。表2。参考文献28。
英文摘要:
This paper aims to analyze the unity of freedom and equality in library rights system, and puts forward a view for the research of the justice nature of library right. And based on the analysis of the conflict and connection between freedom and equality, by using the method of literature analysis, conceptual analysis and comparative research, this paper points out that freedom and equality are not a pair of totally harmonious concepts, and the tense between freedom and equality is along with the development of human rights. And as universal values, freedom and equality are the product of the development of capitalism. Freedom is the premise condition of equality, and equality is the condition of freedom, and both are the important balancing factors in the system construction. And as the core content of system justice, freedom and equality provide the value reference for the construction of library rights, and by analyzing the relationship of freedom and equality, we can master the original intention of the construction of library rights more accurately, and make the rights system present more justice, and ensure the freedom and equality at the same time when users use the library resources.
       In the library rights system, freedom is the precondition and principle of the system, the library rights system should make sure that users can have access to information without any constraint. And the quality of library rights is the unity of formal equality and essential equality, and it focuses more on the essential equality. Paying attention to the disadvantaged is the embodiment of library's public nature and reflects the social value of library. So the relationship between freedom and equality provides the basic view for us to rethink the content and nature of library rights, and the nature of natural rights of the two concepts endows the library rights with moral rights nature.
       As one of the institutions of system justice, the library has to propose the claim for freedom and equality in the construction of library rights system, and the system justice is the unification foundation of library freedom and equality. And the system should guarantee the full realization of freedom and equality, and provide them with the dynamic development space and possibility. Through system construction, the library needs to confirm the role and responsibility of the country in the realization of library freedom and equality.
       This paper focuses on theoretical research, and the theoretical depth needs to be strengthened. And it has certain originality by combining the research resources of the politics science and law science with library science. 1 fig.2 tabs.28 refs.
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