权力概念的法理重释

从公法学立场来看,权力是由国家所垄断和专属的,它附属于国家,又被称为公权力。法律对公权力的规范是通过权力制衡来完成的。然而,事实上的权力不仅仅只有公权力一种,它可以分为政治学模式下的权力、经济学模式下的权力和社会学模式下的权力。尤其需要重视的是社会学模式下权力的多元化和微观化所带给我们的启示,微观权力理论有助于我们深入理解法律是如何通过对权力逻辑的把握而实践的,必须认真对待权力。

The Re-interpretation of Power in Jurisprudence

Over the point of the modern public law, the concept ot power woula monopol~zeu oy to~ ~-~, which is attached to it that is called public power or state power. And the law rules this sort of power by the checks and balance. However, there is not only the public power among the powers that are divided into the following mod- els as the politics, the economics and the sociology. And particularly, the multiply and the micro-forms of the power in the sociological aspect would give more clues in the way of understanding that how the law makes the practices and taking it seriously by the powers.