A Study On The Balance Between Public Power And Private Right In The Governance Of Social Conflicts

With the progress of Reform and Opening, the social transformation of our country come into a deeper field. The social conflicts between officers and ordinary people increasingly aggravate. The essence of this conflict is the gaming between public power and private right, the scope and degree of this gaming will effect the stability of society directly. This dissertation will focus on discussing the influence of the interrelationship between the public power and the private right on the social conflicts and governance. The theoretical analysis is based on the theory of the relationship between power and right of the Enlightenment philosophers, the theory of the relationship between political state and civil society of Karl Marx, the discussion theory of Jürgen Habermans, the Balance theory of Luo Haocai, and government constitutionality theory of Yang Haikun; the research framework is constituted of the perspective of social transformation, the content of the government of social conflicts,and the coordinate of the relationship between country and society. To compare China with the West, the effect of the imbalance between public power and private right on the social conflicts and the structural sources of this imbalance will be investigated. Then I will develop a theory on the condition, evaluating system, and mechanism of the constructing the balance between public power and private right in our country in a historical and logical way.This research will be presented according to the mainline of “ContradictionImbalance-Balance”:1.The social conflicts is a normal. Social conflicts is a basic pattern of the interrelationship in human societies, which generally exist in the historical development stages in all nations. The social conflicts has two deeper sources: the different interest demands of different subjects and even the opposition against each other on one hand, and the contradiction between public power and private right on the other hand. A stable political order and a harmony social atmosphere, as the expecting target of every country, is the basis of the system of political institutions.The social conflicts is a kind of risk for the system of political institutions as well as the motivation and relief valve for the social integration, coordination, maintenance,and solidarity. Thus the influence of social conflicts depends on the effect of social governance. Since the modern age, many western thinkers have analyzed the universality and positive-negative function of social conflicts from the perspectives of different disciplines.2. The influence of the interrelationship between public power and private right on the social conflicts and governance. There is no doubt that the contradiction between public power and private right is one of the deepest, most durable and general elements which have effect on the social conflicts. The inner impulsion of public power, its dominant position owes to undertaking the responsibility of public management and its monopoly on powers on the basis of private ownership, endows the public power an innate expanding character. It erodes the private rights in everywhere there is no limits. The imbalance of public power and private right causes the social conflicts and inefficiency or low efficiency of social governance. A fundamental solution to this problem is to restrict the public power and to balance the relationship between public power and private right.3.The balance or imbalance between public power and private right depends on the relational structure of state and civil society. There are homoorganicity between the relational structure and the structure of political power of state and civil society.In the feudal age of the West, the relationship between state and civil society existed implicitly in the relationship among the kingship, aristocrat and church. The aristocrat and church have dual character: on one hand, they share the power with king and take part in the political affairs and policy decisions; on the other hand, they represent some social power respectively. The interacting and mutual restriction between them expanded the space for the rise of modern industry and commerce, and brought about the preliminary separation of the state and society. The rise of modern industry and commerce gave impetus to the development of civil society and caused the independence of people from the interference of political state. Then the individual existed the first time as an independent subject. The separation of state and society changed the way of power restriction from the self-restriction of power to therestriction of society, and fixed it in the form of ruling by law. Thus, the balance between the public power and private right achieved a solid social structure foundation.4.The historical sources and realistic predicaments of the imbalance between public power and private right in China. In the traditional Chinese society, the political structure was based on social relation ethics and characterized by “the isomorphism of family and state”, which caused the individual was eroded by social relations, the society was invaded by the country, and the power was extremely centralized. In the history of China, there was no such structural differentiation and balance of powers which existed in the western Europe; the dominant political ideas are “the imperial power standard” and “supremacy of powers”; there was no the notion of private right, let alone the space for its further growth. Then, in the time of planned economy, the political framework of government’s centralization based on the public ownership was build; the idea that the country represents the fundamental interests of people led to the unification of the interests of the country, society and individual person logically, and achieved the “selflessness” in fact. The imbalance between public power and private right was covered by the equalitariarism of social distribution, and the social conflicts in the Cultural Revolution emerged as the movements of thought and politics.The Reform and Opening started China’s transformation to a modern society.Because of its innate expanding impulse, the dominant position of state power is contradict to the market-oriented economy, which demands autonomous activities and increasing consciousness of being a subject of right. Due to the lagging of political reform, the expanding impulse of public power has turned into reality, become the potential sources of the imbalance between public power and private right, and finally led to the outbreak of social conflicts. The problem exists in four aspects: 1) The organization of state power is complete, while the society is poorly developed; 2) The relationship between public power and private right is imbalance, the public power is stronger and highly regarded than the private right; 3) The ideas of country oriented and duties oriented is still in a dominant position, whereas the ideas of rights oriented and giving priority to rights is absent; 4) The government’s focus on the GDPincreasing caused the imbalance of interests and brought about the social risks; the legalization and modernization of the administration of government is insufficient;and the lack of credibility of the government leads the working of public power to the Tacitus Trap. Thus, the public power would be abused to seek the illegal benefits,which results in the opposition between public power and private right.5. The fundamental approaches to the balance between public power and private right in social conflicts. The balance between public power and private right is lost in the opposition and antagonism caused by social conflicts, which will cause the disorder and even turbulence of society. The recovery of the balance between public power and private right is the premise and foundation of social stabilization. The transition from imbalance to balance is a process of compromise, namely, the balance would be achieved in the compromise to each other. The compromise is a process of respective management and negotiation of the public power and private right. To do so, the cultural formation centered on constitution, the idea of constitution supremacy and the consciousness of being the subject of right should be constructed firstly,which will open the course of return to the balance between public power and private right. Second, the supervisery mechanism preventing the abuse of public power and private right needs to be improved, and the management would be realized by supervising. Third, we have to constitute the negotiation mechanism to facilitate the cooperation of public power and private right. Finally, a evaluating system as the criterion of judging the relationship of public power and private right which is based on the idea of right oriented should be established.