公法权利的实践——结社现象的法学意义

The Practice of Rights in Public Law

我国公法权利实践之所以可能,主要是与公法本身的发展分不开的,私法权利实践也起到了积极的推进作用,而思想观念的变化、普法教育的开展以及法律体系的完善和法治原则深入人心,都从不同角度、不同层次为我国公法权利实践提供着可能性。从公民结社权的实践来看,我国公法权利实践的最重要特点是,它是依附于行政权力的权利,是需要行政权力提供保护的权利。约束行政权力,改变依附于权力的现状,并使之成为真正具有法律意义的权利,是我国公法权利实践未来发展的大致方向。

The reason why the practice of rights in public law in China is possible is mainly owing to the development of public law itself and the practice of rights in private law also plays an active role in improving it. The change of ideas, the development of legal education, the perfection of the legal system and the popularity of the principle of the rule of law, all of these have given the possibility for the practice of rights in public law from different angles and levels. From the practice of the citizen right of association, the most important character of the practice of rights in public law in China is that it is dependent on administrative power and which needs the protection of administrative power. The future development of the practice of rights in public law in China is probably directed to set strict limitation on the administrative power, change the current state of being dependent on power and make it the actual right with legal effect.