Research On The Balance Between The Public Power And The Private Right

Public power and Private right of jurisprudence are a pair of very important basic categories, the relationship between Public power and Private right constitute the core of the legal regulation. Private right is the source of Public power Public power protects Private right, which has been recognized by our theoretical circles. Human social life can be divided into two areas, one area of political and national life, and the second area of the public social life. The civil society and political state in the long evolution of human history, develop with the contradictions that reflected gathered confrontation and compromise in the evolution of Public power and Private right. For modern society at large, Private right established on the basis of freedom and equality, is a starting point that political community in order to maintain and development with. At the same time,in modern society, Public power has been infiltrated into all aspects of social life with the continuous expansion of government functions, we can say, as long as there is a place, there are Public power exist. Power of the main who perform Public power abuse of Public power as soon as their greed out of the legal procedures for a pre-set orbit, past and present so. It requires us to set the conditions and procedures for the exercise of Public power that prevent the abuse of power.Reasonable ways to locate Public power and Private right, has become China's important issue in building a socialist country ruled by law, which is the purpose of this study. The first part of this article, it describes the relationship between Public power and Private right, analysis the theoretical value of balance Public power and Private right.Partâ…¡focused on the reason and the performance of the conflict of Public power and Private right, as well as the conditions that Public power to intervene in Private right. Part three, the author presents how to balance the relationship between Public power and Private right. Establish the awareness of citizen's rights, improve and perfect the legal operating systems, play a lubricant role of social organizations. Only in this way can the acts of Public power and Private right onto the road of the rule of law.