Judging of the boundaries of public domains and private domains
June 24, 2020 08:55 Source: "China Social Sciences" June 24, 2020 Total 1954 Author: Liu Zuoxiang

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In recent years,Some social disputes and illegal acts once became hot events,Treating the media、Analysis and discussion of scholars and the public。For example, square dances in urban and rural society in China。Plaza Dance has already had a history in China for more than ten years,Become a cultural ecology of China,also caused some conflict incidents。For example,There was a gun with a toy gun in some places; there were pouring feces in some places; a resident in Shenzhen was unable to disturb,I bought a treble speaker in a joint venture,Voice of the Square Dance,Post -police station to mediate,Take one step back,Only to solve it。The conflict of rights reflected in the square dance incident,On the one hand, the health and entertainment rights of the aunts (China also played the national competition of the square dance in 2019,Help the development of square dance),On the other hand, square dance also affects and infringes the right to rest in some citizens、Anningquan,Even traffic rights。Square dance has become a matter of local legislative adjustment,Shaoxing City, Zhejiang Province is the first city in China to carry out local legislation to square dance,Use local regulations to regulate square dance。

Due to the unclear limit of the public domain and private domain,Some illegal acts also occur from time to time。For example,During the National Day 2019,Two people engraved on Bet365 app download the stone pillar of Yuewangting in Hangzhou West Lake,Someone still wants to engrave Yue Fei's "Manjiang Red",and use the real name。Such incidents also frequently occur in other parts of China。Usually,Media、Scholar、The public interprets such behavior as "uncivilized behavior" or "immoral behavior"。Although there are reasons for this,But the most important thing is that these actors do not have the boundaries and consciousness of public domains and private domains,Public travel pavilion as a private field,I thought I could draw it at will。The lettering on the stone is an artistic behavior for the seal engraver,But in the Public Touring Pavilion, the engraving and graffiti,is illegal act。

There are also the "Battle" incident that everyone is familiar with often staged,Different degrees。For the hegemony incident,Public opinion generally explains it as "dishonesty behavior",Call for the construction of integrity。The most famous is the "Sun Heba Incident", Last punishment and time limit for punishment and prohibition of ride。Of course, there is a question of integrity,But the reason why the hegemony incident occurred frequently,It is the boundary and legal consciousness of the actor lack of public and private domains,Taking the train carriage as your own living room,I think where I want to sit。other,Some tragedy and litigation that should not happen also happened。Famous "Discretion of Elevator Smoking Sudden Death Case" is a typical case。This case passed through the first instance of the court、Second instance,Finally discouraged people not to bear responsibility。Public opinion regards Bet365 lotto review this case as a problem of public ethics,Although it is reasonable,But the lack of the boundaries and consciousness of the lack of public and private domains is the root cause of the problem。

The boundary of the public domain and private domain is a more common social phenomenon in my country。This phenomenon exists in citizens,Also existing in the manager。From the citizen,,There are problems with unclear boundaries between public and private domains,Taking the public domain as a private domain,or use the private domain as a public domain,Similar events will occur frequently。From the manager,,Lack of boundaries and consciousness of public and private domains,Unexpected excessive intervention of private life,For the original belonging to private life、Problems in the private domain,Managers intervene with administrative compulsory means。More typical,If in rural and grass -roots social governance,For marriage and funeral and marriage, some problems that originally belonged to folk customs,But adopt forced institutional regulations。I also collected some regulations of individual grassroots units and even grassroots governments,Marriage、Funeral has very detailed regulations。Moving the customs is a good thing,But the method must be proper,It is necessary to go through long -term education and culture transformation process,Can you solve the problem by relying on some administrative orders? The boundary of the administrative order solving the problem needs to be clarified。

The reasons for the lack of boundaries in the Chinese social and private domain are more complicated,The Bet365 app download influence of both traditional cultural concepts,Also because we did not develop consciously in the public life、Conscious understanding and judgment of rational rational。The long Chinese history is the history of "integration of home and country" and "homogeneity of home country"。"Book of Songs · Xiaoya · Beishan" said: "Below the sky,Mo Fei; the shore of the soil,Mo Fei Wang Chen。"The world is all the kings,China's feudal society is the rule of "family world"。The "country" of Chinese characters is explained by some people as "home is the country,Country is home ",Guohe's home is inseparable。As a patriotic education and propaganda, it has legitimacy,But the orderlyization of social management and the order of citizen life、Orderization、In terms of rule of law,There should be a boundary between the public and private fields。Establishment of such a concept,Help to prevent the occurrence of incidents such as the above incident,It helps the orderly operation of social life and the establishment of a social order in rule of law。

So,We need to reflect on the public and private concepts of modern people。Theoretically,There is a series of concepts and problems to clarify: What is the boundary between public and private domains? How to judge public domains and private domains?,There is the following concepts and problems that need to be studied in depth: what is the public domain、Public Life、Public affairs、Public places、Public space? There is a cross between these concepts,but not a complete drawing number。Generally speaking,Public places、Public space involves space issues,It should Bet365 app download belong to the public domain; and public life、Public affairs involve the scope of matters,It should also belong to the public domain。Comparison of comparison,About public places、Public space and other issues involving space are better judgment,Like the lettering event in the public travel pavilion listed earlier、Domineering incident、Elevator smoking incident and square dance incident,Both public places and public spaces as private places and private spaces; and public life involved in the scope of matters、Public affairs increase the difficulty of judgment,What are the things that are public life、Public affairs,It is necessary to combine specific cases or cases to explain and judge。The public domain is a more abstract concept,What is public domain,It is necessary to combine specific public life、Public affairs、Public places、Judgment of public space。Similarly,What is a private domain,Also combined with specific private life、Private places、Private places、Private space,Make analysis and judgment。What needs to be emphasized is,Not all laws in private areas should not intervene,The private autonomy we usually talk about is not understood like this。Private life still has the possibility of adjusting and intervention,For example, family problem、Marriage Question、Raising and supporting questions、Inheritance Questions, etc.,Almost all problems in these private areas involve legal adjustment。What really needs to think deeply is: how to adjust and regulate private life,Where is the reasonable boundary of legal adjustment?

bet365 Play online games Western saying: "Wind energy enter,Rain can enter,The king cannot enter。"" In fact, the boundary of the public domain and private domain。Some people think,Such as the public domain and private domain、The boundaries of public affairs and private affairs are not good to divide。Actually,About public affairs、Private affairs already have some jurisprudence internationally,Such as Monaco Princess Caroline in 2004 in the European Human Rights Court of Human Rights to say that German media infringe on their privacy infringement cases。She is constantly shooting by the media,On the beach、In the courtyard,party with friends, etc.,and sued in Germany for more than ten times and did not get results,Finally sued to the European Human Rights Court。The European Human Rights Court made a milestone judgment,Breaking the traditional theory and judicial practice of the international community,The theory of the so -called "privacy of public figures has limited protection" theory,This case determines a principle,The key to the media's reports of public figures is related to whether it is related to public life。In fact, a standard was established,Determine whether a behavior is infringement in the judicial process,The key is to see if this report is related to public life,If it has nothing to do with public life,The media will lose the case,Affordable to infringement。This case may provide useful revelation for how to divide public domains and private domains。

 (This article is the key project of the National Social Science Foundation "'major reform in the law of law" theory and practice research (18AFX001) phased results)

(The author is the director of the Institute of Law and Human Rights of the Law and Human Rights of Shanghai Normal University、Professor)

Editor in charge: Wang Ning
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