Individual right is the intrinsic qualification of human action's free and conscious nature, and the internal attribute that can't be transferred. Public power is the collective force based on the purpose of protecting individual rights and mediating the conflicts. From the relationship between individual rights and public power, individual rights is primary because it is the intrinsic attribute of individual lives; public power is secondary because it is out of individual rights and its implemental value to protect individual rights. But because of public power's personal, independent and coercive attribute, it is likely to neglect its duty and exceed its authority, which always causes the conflicts with individual rights.In the society ruled by law, we can protect individual rights and regulate public power through the regularity nature of law. We not only have to prevent the excessive wants of individual rights, but the abuse of public power, and set up an effective mechanism to protect individual rights and regulate public power, therefore to main the balance of individual rights and public power and promote the mutual development. |