现代法治社会的基石——理清“权利”与“权力”的关系

A Foundation Stone of the Modern Society of Law——On the relationship between "rights" and "power"

"权利"与"权力"是以法为核心的两个方面,是现代法治社会的两个轴心,但两者的基本内涵、归属、产生的基础、对应关系及法律后果不同。中国和西方在对"权利"与"权力"的理解、来源及运用上有着明显的差别。因此,只有理清"权利"与"权力"的关系,才能树立正确的"权利"与"权力"观念,才能正确行使权力和享有权利。要根本理清"权利"与"权力"关系,在理论上,研讨与争鸣;在立法上,要求认识要基本统一;在执法上,要有效地制约和合理的运用公共权力。

'Rights' and 'power' are two aspects with law as the core, which are two focuses of the modern society of law. However, they differ greatly in basic connotations, classifications, foundations of production, co-related relationships and the result of law. There exists a sharp contrast concerning their understanding, origin and application. So only when we have made clear the relationship between 'rights' and 'power' can we build up a correct concept about them, apply the power consciously and administer the rights efficiently. To do that, it is necessary to investigate and study the relationship and contend theoretically, basically unify the recognition in legislation and efficiently restrict and scientifically apply the public power in enforcing the law.