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Power and Right Relations Theory Reflection On The Construction

Author: XuJinSi
Tutor: TanZongZe
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: Public rights Private rights Relationship Confrontation Human rights
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 153
Quote: 0
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Abstract


China is in a period of social transition that exist within the rule of law and social development lags behind, the uneven distribution of benefits among the people, socio-cultural system construction lagged behind economic issues such as high-speed operation, resulting in the relationship between public and private rights of all the tensions, which kind of tension in some cases even extreme face presentation, stability and development of the society has brought adverse effects. Therefore, in our country to develop a market economy and the increasing awareness of civil rights coexistence of the new situation, how to properly handle and coordinate the relationship between the public and private rights and conduct supporting theoretical construction and updating times undoubtedly become an important issue. Public and private rights issues in macroscopic and microscopic coexistence, together with its long-lasting but also in the history of mankind has an important role to explore the relationship between the public and private rights-round, coordinated and easy to promote harmony between the public and private rights also Not twelve reform initiatives and institutional construction allows it to happen overnight, it is more akin to an \Public and private rights is also the deeper problem with this topic of its own specific properties. After combing, I found scholars on the relationship between public and private rights of traditional theories and solutions to build more public and private rights based on binary confrontation, the concept presupposes that the root causes of public and private rights of the opposition, such as management theory, controlling the public and private rights of the split on one end and the balance of effort for both coordination. Have to say, these theories aimed at both coordination between public and private rights, but the position and means are different, but worthy of reflection is that the public and private rights of the opposition is really so absolute it? Perspective of philosophy, such as intervention, also found that the opposite is true, the public and private is closely linked to the real widespread public kept in the private, public and that is generally true private. In fact, the dual public and private rights confrontation rather, is a conceptual confrontation, but this concept confrontation internalized into the blood of law enforcement in a way which led to its rigid behavior patterns, the it as a practical guide should have the theoretical framework, it can not fail to reflect on their practice elasticity lies. Therefore, the need to promote public and private rights of co-digestion of this confrontation for ideas to enhance, promote civil rights really establish a sound concept, know how to self and the dialectical relationship between the rights of others, prompting people to know how to promote self-interest and the promotion of the interests of others are closely related and, ultimately, improve social welfare. Through research, I believe that increasing concern about the human rights of the public and private rights against digestion confrontation as well as leading a social Respect is very helpful. Moreover, both the public and private rights in reality how extreme form of opposition, national prosperity, and prosperity should not be at the expense of individual rights, freedom at the cost of national consciousness and awareness of human rights should be unity. Therefore, the author proposes \and practical significance.

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