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滥用的公权力对于私权利的损害连续发生,权力的限制反复被强调,但多是从上到下的举措。客观上,这些努力起到了一些成效,但权力天生就具有侵伐性,难以“慎独”。所以在建立“法治”国家的同时,我们应该强调权利的自觉和聚合,并借助社会组织的形式,依靠中层阶层的力量,完善群体诉讼制度,组织分散的民众权利,对抗被滥用的权力。
Abuse of public power for the continuous damage of private rights, power restrictions repeatedly emphasized, but mostly from top to bottom measures. Objectively speaking, these efforts have achieved some results, but power is inherently invasive and hard to be “cautious.” Therefore, at the same time as establishing a state under the rule of law, we should emphasize the consciousness and aggregation of rights. With the help of the form of social organizations, we must rely on the power of the middle-class to improve the system of group litigation, organize dispersed public rights and combat abuse of power .