Reflections On The Theoretic Construction Of Relationship Between Public Powers And Private Rights

As China is in the process of social transition, legal development is left behind social development. Uneven distribution of benefits among the people, social and cultural institution cause grave tension between the public powers and private rights. And in some concrete cases, it goes into extreme. Such tension has brought adverse effects to social stability and development. Therefore, in the new situation of rapid development of market economy in China and increasing awareness of civil rights, how to properly handle and coordinate the relationship between public powers and private rights and to support the theoretic construction undoubtedly becomes an important issue.The relationship between public power and private rights should be examined macroscopically and microscopically. Considering the eternal important position in the human history, elaboration and exploration of full round coordination of the relationship between public powers and private rights can not be easily achieved. And the reforms and institutional constructions to coordinate the relationship between public powers and private rights can not be easily achieved either. In a sense, it is similar to ecological harmony engineering, which requires all aspects of macroscopic and microscopic concepts, systems and practice of supporting construction. The broadness and deepness of the public powers and private rights contributes to the special character of this paper.After a thorough examination, I find most scholars maintain that the relationship between public powers and private rights is confronting. And based on such theoretic ground, they put forward their solutions. We cannot deny that they are aiming to solve the tension, but we should ask ourselves whether the confrontation between the public powers and private rights is so absolute. From the perspective of philosophy, we will find that the public powers and private rights are linked tightly. In fact, the confrontation between public powers and private rights, in some sense, is a confrontation of conception, but this connectional confrontation will lead to the rigidity of their behaviors of the law enforcement agencies. Considering building a theoretic construction, we should the reflect on the flexibility Therefore, we need promote the cooperation of public powers and private rights, lessen this confrontation, update the concept, and develop a sound civil rights conception and a dialectical relationship between the rights of other people, and ultimately improve social welfare.Through this research, I believe that the increased attention on resolving the human rights of public and private rights of confrontation will help to dispel the confrontation of the public powers and private rights and the establishment of the social respect. Moreover, no matter how extreme of the confrontation of the public powers and private rights, the prosperity of the nation should not be achieved at the expense of individual rights and freedom. National consciousness and awareness of human rights should not contradict with each other. Therefore, the author maintains that "transcending the confrontation, concentrating human rights" has a practical significance, especially in the background of increasing awareness of rights, broadening of the channels of expression and the legalization and variety of means of rights protecting.