权力与权利辨析

The Distinction between “Power” and “Right”

一般认为权力指的仅仅是公权力,而法治的使命则在于限制公权力、保护私权利。这种观点值得商榷。笔者认为:权利是被认为正当的权力;被关进制度笼子里的应是现实存在的一切权力,而不仅仅是公权力;在这个基础上来认识权力和权利,才能准确、全面地理解"将权力关进制度的笼子里"的命题,为更好地贯彻"四个全面"、建设法治中国服务。

In common sense,＂ Power＂ just means public power, and the function of ＂rule of law ＂ is how to astrict public power and to protect privacy right. However, the viewpoints should be considered again. ＂Power＂ means a physical strength, and ＂Right＂ is reasonable power. As a result, not only the public power, but also all kinds of power should be put into ＂The Cage of Regulation＂ . On the basis of distinction between ＂Power＂ and ＂Right＂, we can understand the meaning of ＂put the power into the cage of regulation＂ correctly, carry out ＂Four Comprehensives＂ preferably and serve legal construction in china.