Public And Private Rights Reality Game

The Chinese realistic life, specially for the change of political life, causes contradiction come out between individual and the state, the private rights and the public rights(power). The solution path of moral principle endowed by Chinese traditional culture is unable to address relations between public rights(power) and the private rights from the realistic significance, the question concerning on relations between the public rights(power) and the private rights is unable to obtain the effective illustration under such linguistic climate of moral principle, it's only possible under climate of Legal system. Nevertheless, an important paradigm in western liberalism ideological trend, the political theory paradigm provided by Berlin's the negative freedom thought, would be significant for us as a reference to solve this problem. Berlin keenly catches on the tension relations between the public rights(power) and the private rights in the modern society. he advocated negative freedom through some ways, such as redefine freedom concept, clarify the essence of freedom and its legitimate limit, critique positive freedom and misuse or abuse of freedom, purpose of which is to delimit the legitimate limit,scope through the increasingly powerful public rights(power) in order to defend individual right from violation of the public rights(power), thus to defend individual private right and freedom. But Berlin inspected such relations between public rights(power) and the private rights only form the perspective of static legal and jurisdiction relations, certainly do not historically place attention on the development of the public rights(power) and the private rights, thus unable to carefully examine realistic gambling process between the public rights(power) and the private rights from the perspective of dynamic social relations. But fundamentally to say, the relations between the public rights(power) and the private rights are realistic gambling of two under social relations. This enable we to utilize Marx's freedom view to overcome and surmount limitation of Berlin's freedom view when we utilize such important paradigm provided by Berlin's negative freedom thought.This article is based on the relations between public and private rights(power) which comes out with the contemporary China realistic life as axle center and focus, and the research of Berlin's the negative freedom thought as the cut-point, and Marx freedom view as the rationale and the strut, to carefully analysis and excavate progressive theory achievement of Berlin's freedom thought, the purpose of which is to provide a reference when addressing relations between public rights(power) and the private rights in present China.