An Analysis of the Limit of Exercising Public Power and Private Rights through "The Case of Blue Videodisc" in Yan'an
Liu Jian-hua
Abstract
Liu Jian-hua
Abstract
The right and the obligation are dialectical and united.The state's public right and the citizen's private right must be distinguished strictly,for the performance of the two have their certain boundaries.The intervention by the public right in the private right should be justified;the performance of the private right should be legal.The law case of Blue Videodisc in Yan'an was just the conflict between the public right and the private right.By analyzing the justification of the public right' intervention in the private right and the rationality of the performance of the private right,this thesis aims to reveal the performing boundary of the public right and the private right.It nails down the right location and the rational disposal of the two and at the same time sets up a view that we should keep the public right and the private right balanced and harmonious in the process of carrying out the strategy of governing the state by law and pushing on ruling by law.
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The right and the obligation are dialectical and united.The state's public right and the citizen's private right must be distinguished strictly,for the performance of the two have their certain boundaries.The intervention by the public right in the private right should be justified;the performance of the private right should be legal.The law case of Blue Videodisc in Yan'an was just the conflict between the public right and the private right.By analyzing the justification of the public right' intervention in the private right and the rationality of the performance of the private right,this thesis aims to reveal the performing boundary of the public right and the private right.It nails down the right location and the rational disposal of the two and at the same time sets up a view that we should keep the public right and the private right balanced and harmonious in the process of carrying out the strategy of governing the state by law and pushing on ruling by law.
Key concepts: Obligation, Rationality, Law, Private law, Dialectic, State (computer science), Boundary (topology), Intervention (counseling)