Research On The Problem Of The Coordination Between Public Power And Private Right In The Local Legislation

In the recent two years, the public obviously concerns the legal topic more than before. We have gone through the codes of the people to draft, SARS calamity and public health event legislate, Sun ZhiGang incident and accommodating the abolition of the system, regulation of " it can't be knocked into in vain that have knocked into " in the safety law of the road traffic, judicial system humanized reform , administrative licensing law issue , is it enter constitution a series of focus incident to "protect legal private property ", in these incidents and phenomena , include an important and inherent topic -The relation of common right and private right, for example expand and protect private right , narrow the enforcement of the enforcement range of common right and common right of norm, prevent common right from to private wanton infringement of right. In 2005, this topic will be the key topic which the society pay close attention to and think. As regards immediate cause , though relate to the fact that our country accedes to the important international human rights convention of two, but it is still whom market economy promote is it is it promote awakening , citizen's right of consciousness to build to rule by law to be most basic, make the right advocate and ensure the universality that become the whole society to require.Base on political country and citizen social theory, use history is it combine with comparative analysis to investigate , value between analysis and real example analyse combine together , static research approach that research combines with dynamic research, different behavior of the conflict to the private right of common right carries on research, sum up the general characteristic of common right and private right , direct against common right and private right conflict generally speaking is it combine local legislative theory and reality to display, sum up the conflict and behavior of common right and private right under local legislative background . On the basis of the aforesaid , study common right and conflict solution in the place legislate ofprivate right, namely reach the harmony , coordination and balance of common right and private right in the place legislate.The whole article consists of three parts. From the relationship between citizen society and state, the first part demonstrates the precise of public and private ,investigate the history of public power and private right and give the definition. It definite the local legislation and analyze the character of the local legislation, which makes a base. The second part analyzes the reason of conflict in the theory through conclude the circumstances of the conflicts between public power and private right. These reasons are that traditional thoughts ,the conflict between the union of law system and diverse order ,the constructive romance illness concentrated on legislation, lack of location of the state of the public power body and legislative non-action. The third part provides the principles of the coordination between public power and private right and designs system in the aspect of operation.