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Harmonious Configurations between Public Rights and Private Rights

Author: ZhouTao
Tutor: LiZan
School: Sichuan University
Course: Legal
Keywords: Public rights Private rights Configuration
CLC: D920.4
Type: Master's thesis
Year: 2006
Downloads: 348
Quote: 1
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Abstract


Configuration issues between public rights and private rights has been a theoretical hotspot in recent years , especially after the reform and opening up of the Fourth Amendment to the Constitution , the draft property law in 2005 , the new Companies Act 2006 and the brewing modification \deliberation and announcement of the Code of Criminal Procedure , every bill , every case contains a controversial and breakthrough of the Constitutional concept of legislative principles . In a sense, these system - level contention point , reflecting the concept field is how to configure the game between the public and private rights , especially to us reflects Since the reform and opening up , the trend of public power is transferred to the private rights . With the advance of the market economy , democracy and the rule of law , concerned about the needs of the private rights and legal system will become increasingly urgent. First transformation from a public right to public rights and private rights simultaneously, fundamentally speaking , is to solve the configuration problem of public rights and private rights of harmony , especially from the law , how to focus the public rights and private rights of configuration layers expand public and private rights , from the the legal resource allocation and institutional arrangements to build a complement configuration state of harmony . This paper originated from the theory of public rights and private rights relations , public and private rights to configure the type of relationship in the history , from the three aspects of modern and contemporary Chinese constitutional history peep public rights and private rights of disposition status and development trends are discussed . Configuration settings on the relationship between public and private rights , is to think from the point of view of the legal system , how to design a balanced and harmonious relationship between the two rights ( force) mode in the legislation . Sum up the way ever existed in the history of public and private rights , as well as the pros and cons of the situation , to lead us to the thinking of the public and private rights harmonious configuration . Applicable principles and tools are different due to the existence of public rights and private rights of way of the premise , the value of the concept and run , not forced mandatory principles and methods in the field of public law applicable to the field of private law , that is to say both in static ( enjoyed by the state) and dynamic ( the exercise of state ) level there are differences , the design harmony mode , you need to thinking configuration status defects from the public rights and private rights , the nature as well as their characteristics .

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