私权与公权的法律制衡——以市场经济法治为视角

Balance of Private Rights and Public Power by the Law——at the angle of rule of law in the market economy

权利(私权)与权力(公权)是法律文化和法学范畴中最基本的两个部分,市场经济以私权的发展为基础并依靠理性的公权作保障,私权文化会自发地对公权产生影响,但处于优位的公权一旦脱离法律的缰索便会对市场经济中的私权进行任意践踏,因此,唯有法律至上才能实现私权与公权的平衡并有利于市场经济的发展。

Private rights and public power are the basic parts of law civilization and category of the science of law. Market economy is based on the development of the private rights and depends on the reasonable public power. Private rights will impact the public power spontaneously, but public power, which is priority, will trample private rights without supervising by the law. Therefore, it＇s very important to coordinate the relationship between rights and the power and to adapt the development of market economy by putting law to the supreme status.