浅议公私权制衡理论

Discussion on Theories on Balance of Public Rights and Private Rights

权力导致腐败,绝对的权力绝对导致腐败。公权的来源和本质决定了公权的行使不是任意毫无阻碍的,而应受到限制。考虑到执权者的个人素质问题,对公权行为的监管就更为必要。既要避免公权过分干预私权侵犯公民基本人权,又要防止公权在行使中由于方法和程序的不当侵犯人权,同时也要防范由于公权行使的不作为造成的在保障私权方面的公权缺位。用法律确定公权角色,使其既不缺位也不越位。

Power tends to corrupt and absolute power corrupts absolutely.The sources and nature of public power have determined the exercise of public power.Public power is not without any obstruction,but should be limited. Taking into account of the implementation of the right personal qualities of those issues,the right to conduct supervision of the public is even more necessary.And it is necessary to avoid excessive public right intervention of in cases of violation of basic civil rights in private rights area and to prevent the exercise of public power because of improper methods and procedures of human rights violations,and also to prevent the due exercise of public power not as a result of the protection of private rights in the absence of public power.Using the lawto determine the role of public power,it is neither the absence nor offside.