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权利总是主体间法律关系的反映,其实质内容是一方主体所享有的特定利益。自步入法治国时代后,公民与国家之间的关系就为法律所规制,形成了区别于平等主体之间私法关系的公法关系。公民在这种特殊的法律关系中享有的个人利益被分为两类:能得到法律救济的公法权利与不受法律保护的反射利益;公法权利理论就是研究这两种不同利益的学说。公法权利理论起源于德国,脱胎于德国的国家法学,经多位德国公法学大家的阐释发展后自成一系,成为对抗公权力、保障公民合法权益以及指导构建行政诉讼制度的重要理论。
The rights are always the reflection of the legal relationship between the main bodies. The essence of the right is the specific interest enjoyed by one party. Since entering the era of rule of law, the relationship between citizens and the state has been regulated by law, forming a relationship of public law different from that of private law between equal subjects. Citizens’ personal interests in this special legal relationship are divided into two categories: the public law right that can get legal remedy and the reflective benefit that is not protected by law; the theory of public law right is the doctrine of studying these two different interests. The theory of right of public law originated in Germany and was born in German national jurisprudence. After being interpreted and developed by many German public lawyers, it became a series of important theories that confronted public power, protected the legitimate rights and interests of citizens and guided the establishment of administrative litigation system.