内容摘要：权利从应然向实然的转化过程中，表现为三种形态：应有权利、法定权利和现实权利。应有权利是人们基于一定的社会物质生活条件而产生的客观权利要求，是人们利益需要的自发反映；法定权利是对应有权利的法律规定和确认，权利主体具有用法律手段实现权利的资格；现实权利是权利主体通过法律的实施、法律效果的实现而对法定权利的真正享有，是具体落实和实现了的权利形态。应有权利包含着法定权利，法定权利包含着现实权利，应有权利不可能全部转化为法定权利，法定权利也不可能全部转化为现实权利，这两种转化存在着多种障碍。三种权利形态相互影响相互矛盾着。
关键词：权利形态 应有权利 法定权利 现实权利
Abstract:Soft law is through equal participation of the main body, through the consultative process to develop and implement a written sexual common security standard, is produced in the private domain and point to the typical sense of the public sphere of the law. Rule of Law through the soft view of life can be found, the owner is such a convention with the autonomy of grassroots autonomous organizations, the nature of soft law norms. In theory, the owners of the Convention is essentially a socio-economic development of the law the right to request a specific reflection of the content that has local knowledge and the spontaneous order of the basic properties, has formally adopted Procedure. In practice, it has been many western countries and Taiwan of China adopted by the legislation. The face of reality, the main residential district of the relevant dislocation, imperfect sense of status of the owners of the district led to the obvious contradiction, governance difficult dilemma, as the owners of soft law compliance by minimizing the intervention of the Convention and the most suitable specifications, to For the residential property owners to provide more opportunities to create quality of life and conditions, has excellent community management functions, and conducive to social pregnant give birth to democracy and autonomy of the modern rule of law.
Key words: Right form the right we should have Legal right Real right
