The Research About Private Rights In The Formation Process Of Strangers Society In China

China’s famous sociologist Fei Xiaotong regard traditional Chinese society as the "acquaintance society" in his book "vernacular Chinese", the famous American jurist Laurence Freedman in his book "history of the United States of America law" was first put forward the concept of "the stranger society", Then the "acquaintance society" and "the stranger society" as a corresponding concept was gradually accepted and familiar. After30years of reform and opening up China’s social transformation rapidly, identity system crumbled under the impact of the tide in the market, and the variety of social mobility strengthening make china into a stranger society gradually. This is a historical necessity and reflect the kind of social progress from "acquaintances society"to"strangers social ".However, there are many problems and contradictions in the process of transformation form a social to another social state, Because of there are long-term acquaintances tradition and coupled with specific multivariate and mobility features in strangers community, the private rights maintenance issues become a hot topic in the process of change form the the "acquaintances society"to"total strangers" in our society.This paper is divided into four parts:the first part about the development of the law in the formation to strangers social, above all this paper pointed out there is no acquaintances conditions and elements traditional society for development of the law, Then discourse about the private rights of stranger society in which the development of the law in the context of the discourse.The second part in which the status this paper make a social in-depth discussion under the private rights in the formation to strangers social.First this part give a clear positioning of the concept of private rights, and then it propose two types of private rights conflict between public and private rights as well as private rights and private rights.In the areas of public and private ownership conflicts that the fragile private rights vulnerable to stricken by the powerful public rights and the private rights of relief ways are subject to the constraints of the public rights; Typical conflict of private rights be proposed to the dominant private rights conflict and implicit conflict of private rights.The third part is to explore the theory causes of the private rights in current situation which a transform society of china. The idea of limited government to explain the relationship between the current public and private rights in china by learn from Locke’s social contract theory. In the areas of private rights and private rights conflict put forward two reasons:the spirit of the contract itself shortcomings and contractual conflict in some cases of the traditional Chinese culture.The fourth part of the article is the introduction breakthrough of private rights situation in the formation to strangers social and asked the government of good governance is a think select to solve the conflict between the public rights and private rights in our country at this stage. First, the concept of good governance is also given a clear positioning, Then asked reconstruct the four demands of the good governance in order to make the relationship between public and private rights to normal. The conflict between private rights and private rights. One hand advocate given some ethical explicit legal authority to solve some special dominant rights conflict and on the other hand advocates from the contract equal protection to identity the tilt protection to solve the conflict of recessive private rights. In order to realize the private rights equality in the legal sense and fairness in the aspect of facts.