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在对公权和私权进行法理学分析后,得出对“限制公权以保障私权”的正确认识是:在社会转型时期,公权具有强烈的扩张冲动,这种扩张具有一定的合理性,对维护社会稳定和满足社会需求都具有重大的作用。但同时公权扩张会引发一系列不良社会后果,如侵害公共利益、侵犯私权和导致社会不合谐等,进而损害社会的公正。而理性认识公权和私权的问题后,文章得出了限制公权的最好方式是限制公权和保障私权并举。文章的最后就如何限制公权和保障私权提出一些建议。
After the jurisprudence analysis of both public and private rights, it is concluded that the correct understanding of “restricting public rights to protect private rights ” is that in the period of social transformation, public power has a strong impulse to expand, and this expansion has certain The legitimacy of social stability and to meet the needs of society have a significant role. However, at the same time, the expansion of public power will trigger a series of adverse social consequences, such as infringement of public interests, invasion of private rights and social disharmony, thereby undermining social justice. After understanding rationally the problems of public rights and private rights, the article concludes that the best way to limit public rights is to restrict public rights and protect private rights simultaneously. Finally, the article puts forward some suggestions on how to limit public rights and protect private rights.