Chinese Administration Civil Rights Strength To Private Right Violation Present Situation Analysis

Under the influence of the traditional thought on law and culture, the concept of " public power" is deeply rooted in people' s mind, and it' s common for people to covet the power. In our time the private power frequently gets infringed by the public power, especially by the public power on administration. Such things as the police break into homes without permission, government illegally knocks down the houses and etc. happen every now and then. The expansion and abuse of the public power on administration to deliberately violate the private rights have hindered the pace of our democracy and legal system. Therefore, how to relieve and solve the conflict between the public and private powers, coordinate the relations between the two, effectively limit the public power on administration and protect the private rights to achieve social equity and justice has become an important topic for today' s society. What is the status quo of the public power on administration in China? What problems exist? What has essentially caused the abuse of the public power on administration? How to effectively prevent public power' s infringement upon the private right? These are the questions we' re going to discuss.Started from an "anti-pornography" case happened in Shenzhen, this paper describes the status quo of the public power' s infringement upon the private rights; and, based on this, the relations between the public power on administration and the private rights and the historical and realistic origins for the public power to violate the private right will be analyzed; by comparison of the histories of both Chinese and occidental public power, conclusion is drawn that the historic reason for the infringement lies in the Chinese traditional means of production which was the peasant economy and its political structure - centralized power and autocracy as well as the Chinese law and culture tradition: to put private rights behind public power and rights behind obligations; the realistic reason is due to the imperfect current Chinese legal system and the expansion nature of the Chinese public power. Finally this paper expounds the views on how to solve the public power' s infringement upon the private rights with the emphasis on perfecting the legislation and jurisdiction as well as the power supervision mechanism.Besides the prelude and epilogue, main part of this paper consists of 5 parts:The first part introduces an "anti-pornography" case happened in Shenzhen and gives comments which leads to the main topic of this paper. The second part outlines the public and private powers: the concepts of public and private powers, their relations and the concept of public power on administration. In this part, public power, private power and public power on administration will be defined.The third part describes the status quo of the public power' s infringement upon the private rights from the following aspects: private right is violated due to the expansion of the administrative public power; private right cannot be fully protected because of the default of the administrative public power; and private right is violated due to the corruption in administrative public power.The fourth part analyzes the reasons of private right violation by public power on administration from both the historical origin and realistic origin. The historical origin can be traced back to the Chinese traditional means of production which was the peasant economy and its political structure - centralized power and autocracy as well as the Chinese law and culture tradition; while the realistic origin lies in that, during the system transition, administration power vacuum is likely to exist, which leads to vulnerabilities in policy and lack of the necessary regulations, plus the negative effects produced by the market economy.The fifth part describes how to effectively prevent the public power on administration from violating the private rights and what necessary measures should be taken with a view to appeal the people' s awareness to protect their legal rights; implant the idea of public servant for the power executors; set up the necessary regulations in order to control, limit and supervise the public power on administration; standardize the administrative discretion and improve the administrative compensation system.