On Private Right Protection In Macro-control

The conflict between public power and private right exists in any countries. With increasingly rising of the civil society, with increasingly protecting in depth of democracy, market economy and the human rights, regardless of political country or civil society, they all use their respective powers and rights as a carrier to game with each other through the proper procedure, so that to establish the mechanism which can make mutual balances between them. It can be said to be a worldwide trend of law development. In the past, in our country's macro-control study, there is a question, that is, it did not pay enough attention to how to safeguard private right effectively. Therefore, this paper takes the relationship between public power and private right as the breakthrough point to bring out the problem of privacy protection in macro-control , then reviews the status of privacy protection in China by revealing the power of public and private factors in macro-control, and finally builds a legal mechanism of privacy protection in macro-control in order to achieve the goal that the authority of public power could be guaranteed and the private right will not be violated.Reviewing the history that public power and private right compete with each other, it is not difficult to find three models, namely, strong public power - week private right, strong private right- week public power and strong public power - strong private right. the public power is a statutory ,mandatory, public, and inequality power,so that it is often in a strong position in the course of game. compared with public power, private right is in a passive position of disadvantage because it is arbitrary, non-coercive, self-serving and equality. In modern countries, the imbalance of the status will tend to impede the establishment of harmonious society. As a result, the damaged private right must be protected in macro-control. This is the basic point of private right protection in macro-control.The public power factor in macro-control is combination of powers that regulate and control the national economy according the law, which includes macro-control decision-making power, macro-control implementation power and macro-control supervision power. The macro-control power is a public power according to its nature. The private right factor in macro-control is the combination of rights that regulate and control the property rights in macro-control, which includes the right of trust benefits protection, the right of fair share out of macro-control, the right of claims of damaged private in interest macro-control. In terms of its very nature, it is a private right. Reviewing the macro-control measures taken from various stages since reform and opening up our country, it benefits majority market players. However, because of some reasons, the damage of private interests still exists in macro-control. Such damages can be divided into three types: the damage to private right by improper macro-control measures, damage to private interests by improper change of macroeconomic measures, damage to private interests by improper macro-control implementation .There are three reasons: lack of privacy protection by awareness of cultural traditions, incorrect understanding of the concept reform ,the basic effect of market failed to give full play, and the government's irrational factors hinder the privacy protection.Finally, this paper elaborated and means of private rights in macro-control,.The goal of privacy protection has three levels, namely, the direct goal, the fundamental goal and long-term goal. Study of this goal system, this article explore the way to private rights protection from two aspects of level, that is ,confine of public power and protection of private rights.