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马克思在分析国家与市民社会关系的时候,不仅区分了市民社会与国家之间的决定与被决定的关系,而且也划分出“公共的”和“私人的”两种领域。在他看来,国家活动属于公共领域,在该领域中,国家通过提供公共产品实现对私人领域人的自由活动的有效协调和正常秩序的维持。在国家所提供的公共产品中,政治法律制度无疑是最重要的。不过,说政治法律制度是国家提供的公共产品,这仅仅是从最表面和最直接的意义上说的,事实却是,国家通常表现为建立在政治法律基础之上的一系列的公共制度。正是在这种意义上,制度具有公共性的本质,它不仅具有公共性的价值,而且也要求按照制度的这种公共性要求来进行制度安排。
In analyzing the relations between state and civil society, Marx not only distinguished between the decision of civil society and state and the decided relationship, but also divided into two fields: “public” and “private”. In his view, state activity belongs to the public domain, in which the state achieves effective coordination of the free movement of people in the private sphere and the maintenance of normal order through the provision of public goods. In the public goods provided by the state, political and legal system is undoubtedly the most important. However, to say that the political and legal system is a public product provided by the state is only the most superficial and direct meaning. The fact is that the state usually manifests itself in a series of public systems based on political and legal basis. It is in this sense that the system has the nature of publicity. It not only has the value of publicity, but also requires institutional arrangements in accordance with this public requirement of the system.