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私人利益的维护是一个经典的现代性命题,在今日中国,对该问题的探讨尤显重要。本文经由对城市房屋拆迁中的两个典型事例予以分析,可以得出,在所涉私人利益的维护上,以清官文化为依据的传统机制与以(民事)法律为依据的现代机制都在现实中发挥着重要作用。在当今中国复杂的社会转型期,为切实维护私人利益,相关的传统机制和现代机制皆弥足珍贵,二者应密切配合以实现制度上之互补。
The maintenance of private interests is a classic proposition of modernity. In today’s China, the discussion of this issue is particularly important. Based on the analysis of two typical cases of urban housing demolition, this paper draws a conclusion that both the traditional mechanism based on clean government culture and the modern one based on (civil) law are all based on the reality In playing an important role. In today’s complex social transformation in China, both the traditional and modern mechanisms involved in safeguarding private interests are precious, and the two should work closely together to achieve institutional complementarity.