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公私领域分离为构建现代政府模型所必需,自1949年以来,中国在此方面历经两个阶段:一是私人领域消失,二是残缺的私人领域重现。当前公私领域分离不足造成公权力不受制约、个人权利易遭侵犯、民众不安全感较强、社会运行成本居高不下以及社会稳定受冲击等后果。尽管公私领域分离需要在立法和法律实施两个层面确立,但首先应该体现在作为根本法的宪法之中。然而,中国现行宪法虽然在构建公权力和保障个人权利方面有所建树,但尚有部分条款导致公私领域混同以及公权力范围无明确边界等问题。唯有再次修改宪法,删改关于中央公权力边界不明与公权力不当介入私人领域的相关条款,方可确立公私领域的适当分离,构建现代政府模型。
The separation of the public and private sectors is necessary to build a modern government model. Since 1949, China has gone through two phases in this respect: first, the disappearance of the private sector and second, the reappearance of the incomplete private sector. At present, the separation of the public and private sectors causes unrestrained public power, easily violated individual rights, strong public insecurity, high social operating costs and the impact on social stability. Although the separation between the public and private sectors needs to be established at both the legislative and the legal levels, it should first of all be reflected in the Constitution as the fundamental law. However, although China’s current constitution has made its due contribution to building public power and safeguarding individual rights, there are still some provisions that lead to such issues as confusion between the public and private sectors and the absence of a clear boundary of public power. Only by amending the constitution again and deleting relevant clauses concerning the unidentified central public power and the improper involvement of the public authority in the private sphere can a proper separation between public and private fields be established and a modern government model be constructed.