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在现代法治理念中,私权利是公权力的基础,国家的公权力来源于公民对其私权利的让渡。孟德斯鸠曾说过“一切有权力的人都容易滥用权力,这是万古不易的一条经验。有权力的人们使用权力一直遇到有界限的地方方能休止。”公权力形成后往往会产生异化,公权力的异化往往会严重损害人民群众的基本权益。而社会监督作为协调公权力与私权利关系的一种有效措施便显得尤为重要。社会监督是由国家机关以外的政治或者社会组织和自然人,依照宪法和有关法律,对各种法律活动的合法性所进行的监督。
In the modern idea of the rule of law, private rights are the basis of public power. The public power of a state comes from the transfer of citizens’ private rights. Montesquieu once said: “It is a once-in-a-lifetime experience that all powerful people are prone to abuse of power, and powerful people use power until their place of limitation ends.” After the formation of public power Often produce alienation, alienation of public power will often seriously undermine the basic rights and interests of the people. However, social supervision is particularly important as an effective measure to coordinate the relationship between public power and private rights. Social supervision is the supervision of the legitimacy of various legal activities by political or social organizations other than state organs and by natural persons in accordance with the Constitution and relevant laws.