However , at the same time , the phenomenon of people ’ s safety have been harming by the public power in china could not be eradicated , even in some specific realms the operation of public power has been worsening 然而,在令人鼓舞的理论研究和制度建设的同时,中国公权力危害人民安全的现象却始终无法根除,个别公权力运行领域却有恶化趋势。
Marriage is one of the base of human social struture divorcement would influence society deeply , especially the system of reason for divorce proceedings , which is intervened by government power can show what is attitude that society treats devoicement 。 婚姻是人类社会加构基础之一，离婚对于社会之影响甚深，尤其裁判离婚原因制度，系以国家公权力介入，更能反映出该社会对于离婚之态度。
In the civil actions , there exist two ways of retrials presented by she public right : decision of the court and the counterplea raised by the procuratorate , both of which are against she procedure value of the code of civil procedural law and therefore should be abolished 摘要在民事诉讼中，法院决定再审和检察院抗诉提起再审作为两种运用公权力提起再审的方式与民事诉讼法的程序价值相违背，应当废除。
The children are not their own private property which they can deal with with easy . in family laws , the public power has intervened in the domestic field . furthermore , the children have been gotten the special protection by the state 因为在婚姻家庭领域里，父母与子女的关系，不仅是私法关系，而且也含有公法性质的因素，国家的公权力已不断地深入到家庭领域中去，使未成年子女受到法律的特殊保护。
As for the informal debt - collection i surveyed , state and society come to a tacit conspiracy , and the state tolerates the existence of self - help to a " proper extent " , which is a kind of the art of government that public power attains social control through private individuals ' actions 就本文考察的民间收债而言，国家与社会达成默示的共谋，国家对私力救济的适“度”政策正是公权力通过私人实现社会控制的一种艺术。
Our country ’ s administrative theory ’ s mainstream against to use mediation in administration reconsidering , while its theory basis is in the traditional administrative power idea , the administrative power is a kind of executive power , and the public power can not be divided 我国行政法学理论的主流思想对在行政复议中能否适用调解持反对态度,其理论依据是传统行政权理念中关于行政权是执行权,公权力不可处分的观点。
The system of administrative compensation is the system which the administrative subject , based on the need of public right , gives compensation to citizens , regal person or other social organization , because of their lawful rights and interests were damaged by the subject legally 行政补偿制度是行政主体基于公共利益的需要,合法行使公权力,致使公民、法人或其他社会组织的合法权益遭受损害,而依法予以补偿的制度。
A contract is an agreement , which takes the parties ’ consensus and conforming to the state ’ s compulsory provisions as the requirement of essence and the effective requirement respectively . furthermore , it is under the protection of the state in order to realize the interest of the parties 本文对契约概念的界定为:古中国契约是受到国家公权力强烈影响的,基于当事人和(合)同意志而形成的旨在满足当事人一定利益追求的协议。
On one hand , the operation of the procedure of public power needs a value baseline for safeguarding the procedural civilization ; on the other hand , the public power with its inherent characteristic of power needs a kind of power that acts as impediments to restrain its malpractice and expansion 一方面,公权力程序运行需要有一个基本的价值底线作为程序文明的保障;另一方面公权力所固有的权力特性需要一个具有阻隔力的价值力量来限制其弊端和不良扩张力。
The author ' s view is abruptly different from the former ones , which hold that responsibility is a guarantee for the fulfillment of the duty or that responsibility is the legal result of the failure to fulfill the obligation . the key point of the author ' s view is that responsibility is merely to pr ovide a certain possibility for the intervention of the public rights into the civil rights , but will not definitely lead to public rights 这与先前不管是以责任为义务履行担保和以责任为义务人不履行义务法律后果的观点截然不同，而这其中很重要的一点就是将责任仅看成是为国家公权力介入民事权利领域提供了一种可能性，而不是责任就意味着国家强制力的必然出现。
