自由与安全的伦理困境

Analysis on Predicament of Citizen’s Freedom and Safety

现代民主法治国家的理论建构与实践展现的历史进程表明,作为国家最高统领的宪法规定了国家具有既保障民众人身安全又维护公民自由权利的双重功能与任务。就自由与安全两者的关系而言,毫无疑问,安全构成了自由之所以能够存在的前提条件,但安全仅仅是人达到其目的的手段,自由才是人真正的目的。鉴于国家权力的滥用造成的危害远甚于自然状态下人们失去安全时所遭受的苦难,故在国家保障安全与维护自由两种任务之间发生矛盾之时,应坚持把自由放在优先地位的价值导向,且这一点应在法律中得到明确的规定与制度的固化。

The historical process demonstrated by the theoretical construction and practice of a modern democratic country ruled by law shows that the constitution,as the supreme command of the country,stipulates that the country has dual functions and tasks of protecting the safety of the people and protecting the freedom rights of citizens. In terms of the relationship between freedom and safety,there is no doubt that safety constitutes a prerequisite for freedom. But safety is only the means by which people achieve their ends,and freedom is the real purpose of people. In view of the harm caused by the abuse of state power being far more than what people suffer when they lose their safety in the natural state,freedom should be given priority when there exist conflicts between the two tasks of protecting citizen’s safety and freedom. And this should be clearly stipulated in the law and solidified by the system.