Distinguished Mainland China Scholars Series 2023
Relationship between Contemporary Public Property and Power and Rights — Investigation of State Budgetary Revenues and Expenditures
⽇期時間 : 2023年5⽉2⽇ （星期二）12:00 – 13:00
Date & Time: May 2, 2023 (Tuesday) 12:00 – 13:00
Venue: Room 723, 7/F, Cheng Yu Tung Tower, The University of Hong Kong
Format: *Hybrid-mode – Online participation is available*
公共財產佔國內生產總值比重持續增長勢必導致權力的絕對量和在法權結構中所佔比重增大，進而在法學上顛覆傳統的權利、權力概念。 有必要結合若干國家的預算收支狀況系統地揭示公產在當代向權力轉化的具體路徑。 只有實際公產直接生成權力，其他公產只對權力生成起輔助作用，而且最終會退出公產的序列。 一國公產占該國全部財產的比重客觀上是受限的，因而權力占法權的比重也是受限的，超過必要限度會有損於權利、法權乃至權力本身。 名義公產減去實際公產的那個餘額最終應歸類於個人財產，因而伴生的“權”皆屬於權利範圍。
The continuous growth of the proportion of public property in GDP will inevitably lead to an increase in the absolute amount of power and its proportion in the “faquan” (法權) structure, which will subvert the traditional concepts of rights and power in jurisprudence. It is necessary to systematically reveal the specific path of the transformation of public property into power in the contemporary era by examining the budgetary revenue and expenditure of several countries. Only actual public property directly generates power, while others only play an auxiliary role and will eventually be withdrawn from the sequence of public property. Given that the proportion of a country’s public property to its total property is objectively limited, the proportion of power in “faquan” is also limited. If power exceeds its necessary limit, it will damage rights, “faquan”, and even power itself. The balance of the nominal public property minus the actual public property should be classified as personal property, the accompanying “quan” of which all belong to the scope of rights.
Zhiwei Tong, Distinguished Professor at Guangdong University of Finance and Economics, successively served as Associate Professor at East China University of Political Science and Law, Shanghai Jiaotong University, Zhongnan University of Economics and Law, and Wuhan University. Tong devoted himself to legal theory and constitutional law. His main academic achievement was to put forward and systematically explain the general theory of practical jurisprudence centered on the theory of “faquanism”, which has been used to explain various legal phenomena and promote the limitation of power and protection of rights in contemporary Chinese legal practice.
Albert Chen, Cheng Chan Lan Yue Professor and Chair of Constitutional Law at The University of Hong Kong. He has taught the subjects of Legal System and Legal Method, Constitutional Law, Administrative Law, the Legal System of the People’s Republic of China, Rule of Law in Modern China, Jurisprudence, Legal Theory, the Use of Chinese in Law, Law and Society, and Guided Research.